Bibby Factors Scotland v. Brady [2002] ScotSC 213 (04 December 2002)

Bibby Factors Scotland v. Brady [2002] ScotSC 213 (04 December 2002)

Clause B2 of the Guarantee and Indemnity is clear and unambiguous, obliging the defender to pay on demand all money owing by Investfast Limited to the pursuers, regardless of whether such sums arise under the Factoring Agreement or otherwise. The context does not create ambiguity, and the clause should be given its plain and ordinary meaning.

Citation
[2002] ScotSC 213
Parties
Pursuer: Bibby Factors Scotland Limited; Defender: Joseph Brady
Jurisdiction
Scotland
Judgment Date
04 December 2002
Procedural Posture
Civil Appeal / Appeal From Sheriff's Interlocutor
Outcome
appeal refused
Legal Topics
Guarantee and Indemnity, Interpretation of Commercial Contracts, Contra Proferentem, Scope of Guarantee
Contract Law Commercial Law Guarantee and Indemnity Interpretation of Commercial Contracts Contra Proferentem Scope of Guarantee

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bibby Factors Scotland Limited

Pursuer

Joseph Brady

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether Clause B2 of the Guarantee and Indemnity obliges the defender to pay all sums owed by Investfast Limited to the pursuers, regardless of whether such sums arise under the Factoring Agreement or otherwise.
  2. 2 Whether the clause should be construed narrowly to apply only to sums due under the Factoring Agreement.

Ratio Decidendi

Clause B2 of the Guarantee and Indemnity is clear and unambiguous, obliging the defender to pay on demand all money owing by Investfast Limited to the pursuers, regardless of whether such sums arise under the Factoring Agreement or otherwise. The context does not create ambiguity, and the clause should be given its plain and ordinary meaning.

Court Disposition

appeal refused

Orders

  • Appeal refused and sheriff's interlocutor of 30 July 2002 adhered to.
  • Defender and appellant found liable to the pursuers and respondents in the expenses occasioned by the appeal.