Mishcon De Reya LLP v RJI (Middle East) Ltd

Mishcon De Reya LLP v RJI (Middle East) Ltd

Clauses 8.7 and 8.8 of the guarantee do not impose a condition precedent of mutual execution and delivery for enforceability; the guarantee is enforceable against the respondent even if not executed by the appellant. The respondent's unpleaded defence has no real prospect of success, and summary judgment is appropriate.

Parties
Appellant/claimant: Mishcon de Reya LLP; Respondent/defendant: RJI (Middle East) Limited
Jurisdiction
England and Wales
Judgment Date
26 June 2020
Procedural Posture
Civil Appeal / Appeal From Refusal of Summary Judgment
Outcome
appeal allowed; summary judgment entered for appellant
Legal Topics
Summary Judgment, Enforceability of Guarantees, Pleadings, Construction of Contracts
Contract Law Civil Procedure Summary Judgment Enforceability of Guarantees Pleadings Construction of Contracts

Case Brief

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Parties

Mishcon de Reya LLP

Appellant/claimant

RJI (Middle East) Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Refusal of Summary Judgment

Legal Issues

  1. 1 Whether the absence of an executed counterpart of the guarantee by the claimant precludes summary judgment
  2. 2 Whether clauses 8.7 and 8.8 of the guarantee make enforceability contingent upon mutual execution and delivery
  3. 3 Whether the enforceability issue was properly pleaded

Ratio Decidendi

Clauses 8.7 and 8.8 of the guarantee do not impose a condition precedent of mutual execution and delivery for enforceability; the guarantee is enforceable against the respondent even if not executed by the appellant. The respondent's unpleaded defence has no real prospect of success, and summary judgment is appropriate.

Court Disposition

appeal allowed; summary judgment entered for appellant

Orders

  • Summary judgment for the appellant in the principal sum of £168,279.52