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England and Wales Case Law

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Contract law [2021] EWHC 2104 (TCC)

Black & Veatch Corporation v Kazstroyservice Global BV

Black & Veatch Corporation v Kazstroyservice Global BV [2021] EWHC 2104 (TCC) (30 July 2021)

The court held that the parent company guarantee imposed secondary liability and allowed the guarantor to rely on the subsidiary’s cross-claims, including equitable set-off.

  • Guarantees and indemnities
  • Parent company guarantee
  • Set-off
  • Co-extensiveness principle
  • Construction of contracts
  • Parent-company-guarantee
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Insolvency [2011] EWCA Civ 747

White v Davenham Trust Ltd

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.

  • Statutory demand
  • Bankruptcy proceedings
  • Personal guarantee
  • Secured creditor
  • Third party security
  • Co-extensiveness principle
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Insolvency law

White v Davenham Trust Ltd

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.

  • Statutory demand
  • Personal guarantee
  • Secured and unsecured creditors
  • Bankruptcy proceedings
  • Co-extensiveness principle
  • Statutory-demand
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Insolvency law [2009] EWCA Civ 581

Remblance v Octagon Assets Ltd

Remblance v Octagon Assets Ltd [2009] EWCA Civ 581 (17 June 2009)

The Court of Appeal set aside a statutory demand against a guarantor, holding it was unjust to pursue bankruptcy when the principal debtor had a strong cross-claim.

  • Statutory demand
  • Bankruptcy
  • Guarantee liability
  • Set aside application
  • Co-extensiveness principle
  • Statutory-demand
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.