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England and Wales decisions
Decisions matching the current search
The Commercial Court partly struck out a defence and counterclaim for inadequate pleading, but left valuation and appropriation issues for trial.
Nardelli & Anor v Desiman Ltd [2026] EWHC 366 (Ch) (24 February 2026)
The High Court dismissed an appeal against bankruptcy orders made on a guarantee debt, holding the judge was entitled to proceed despite claimed future repayment.
The High Court held that a mortgage repayment made by guarantors was not a gift, and that the right to indemnity from the principal debtor survived in principle.
The High Court refused to restrain a winding-up petition, holding the debt under a guarantee was not genuinely disputed and remained enforceable after a Tomlin Order.
The High Court held that Mint Bridging was entitled to judgment for the certified debt on its second facility, rejecting the defendants’ set-off defence and breach allegations.
Promontoria (Chestnut) Ltd v Bell & Anor [2019] EWHC 1581 (Ch) (20 June 2019)
The High Court held that third-party charges given by guarantors for a company debt count as security in respect of the debt for statutory demand purposes.
General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd & Ors [2018] EWCA Civ 2416 (31 October 2018)
Court of Appeal upheld summary judgment for a lender, holding the appellants had no real prospect of showing any equitable duty to preserve security or discharge the guarantees.
Bibby Financial Services Ltd & Anor v Magson & Ors [2011] EWHC 2495 (QB) (14 October 2011)
The High Court held that guarantees and warranties were not delivered as deeds and were unenforceable, so Bibby’s claims against Magson and Scott were dismissed.
White v Davenham Trust Ltd [2011] EWCA Civ 747 (28 June 2011)
The Court of Appeal held that security over the principal debtor’s assets did not justify setting aside a statutory demand served on the guarantor.
The Court of Appeal held that a creditor’s security over the principal debtor’s assets did not justify setting aside a statutory demand served on the guarantor.
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