Hambros Bank (Jersey) Limited v Glendale Hotel Holdings Ltd David Eves and Others [1993] JRC 142 (27 October 1993)
- Citation
- [1993] JRC 142
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found the guarantees valid and enforceable, holding the respondents liable for the debts owed to the applicant bank.
Court disposition
judgment for applicant
Orders
- Respondents to pay sums due under guarantees to applicant bank
02
Material facts
Parties
Hambros Bank (Jersey) Limited
ApplicantGlendale Hotel Holdings Ltd
RespondentDavid Eves
RespondentOthers
RespondentAmounts and remedies
- Amount Guaranteed: 0
03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
whether the respondents are liable under guarantees provided to the applicant bank
- 02
whether the applicant bank is entitled to enforce the guarantees
Party arguments
- Applicant
- The applicant bank asserts entitlement to enforce guarantees provided by the respondents in respect of liabilities of Glendale Hotel Holdings Ltd.
- Respondent
- The respondents contest liability under the guarantees, challenging enforceability and/or quantum.
05
Court’s reasoning
Legal principles
- 01
common law
Guarantees are enforceable according to their terms unless vitiated by fraud, misrepresentation, or undue influence.
06
Ratio, limits and disposition
Ratio decidendi
The court found the guarantees valid and enforceable, holding the respondents liable for the debts owed to the applicant bank.
Court disposition
judgment for applicant
- Respondents to pay sums due under guarantees to applicant bank
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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