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England and Wales Case Law

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Contract law

Peter Scholey Dunn v Kostas Kazolides

Commercial dispute over a Cyprus villa joint venture. The High Court held the guarantee claim was time-barred and, in any event, the guarantee had been discharged.

  • Guarantee and indemnity
  • Joint venture disputes
  • Limitation of actions
  • Contractual interpretation
  • Discharge of guarantee
  • Guarantee-and-indemnity
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Insolvency [2024] EW Misc 16 (CC)

Downing LLP v Maindonald (Re Evan Lauretz Maindonald - Insolvency Act 1986)

Downing LLP v Maindonald (Re Evan Lauretz Maindonald - Insolvency Act 1986) [2024] EW Misc 16 (CC) (23 April 2024)

The County Court held that Downing LLP’s bankruptcy petition succeeded because the respondent’s guarantee remained enforceable, the default was established, and no substantial counterclaim or set-off defeated the debt.

  • Bankruptcy petition
  • Guarantee liability
  • Discharge of guarantee
  • Counterclaim and set-off
  • Contractual construction
  • Waiver of defences
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Contract law [2016] EWHC 3292

Four Marketing Ltd v Bradshaw

Four Marketing Ltd v Bradshaw [2016] EWHC 3292 (QB) (20 December 2016)

The High Court held that a personal guarantee covered FML’s pre- and post-February 2014 advances, was not discharged by a non-binding term sheet, and remained enforceable.

  • Personal guarantee
  • Loan facility
  • Contract interpretation
  • Discharge of guarantee
  • Estoppel
  • Waiver
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Contract law [2016] EWHC 3292 (QB)

Four Marketing Ltd v Bradshaw

Four Marketing Ltd v Bradshaw [2016] EWHC 3292 (QB) (20 December 2016)

The High Court held that Mr Bradshaw’s personal guarantee covered FML’s loans before and after 5 February 2014, and was not discharged by the 9 June 2014 term sheet.

  • Personal guarantee
  • Loan agreements
  • Contract interpretation
  • Discharge of guarantee
  • Estoppel
  • Waiver
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Contract law

Four Marketing Ltd v Bradshaw

The High Court held that a personal guarantee covered pre- and post-February 2014 borrowings, was not discharged by the 9 June 2014 term sheet, and remained enforceable.

  • Personal guarantee
  • Loan agreements
  • Contract interpretation
  • Discharge of guarantee
  • Estoppel
  • Waiver
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Contract law

Beck Interiors Ltd v Russo

The High Court refused summary judgment on a guarantee claim, holding Dr Russo had real prospects of defending on conditionality, variation, and adjudication-binding issues.

  • Discharge of guarantee
  • Material variation
  • Adjudication enforcement
  • Conditional guarantee
  • Set-off and withholding notices
  • Guarantee-law
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Banking law [2002] EWCA Civ 1813

Lloyds TSB Bank Plc v Hayward

Lloyds TSB Bank Plc v Hayward [2002] EWCA Civ 1813 (12 December 2002)

Court of Appeal held that a retrial was needed after a judge failed to make findings on a key contemporaneous note in a guarantor dispute.

  • Guarantor liability
  • Variation of contract
  • Discharge of guarantee
  • Interpretation of guarantee clauses
  • Oral agreements and written contracts
  • Guarantor-liability
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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.