Brandon Hire Plc v Russell [2010] ScotCS CSIH_76 (24 June 2010)

Brandon Hire Plc v Russell [2010] ScotCS CSIH_76 (24 June 2010)

The clear and unambiguous wording of Section E, headed 'Guarantee' and expressly stating personal liability, imposed a binding personal guarantee on the appellant; the appellant is deemed to have read and accepted personal liability by signing.

Citation
[2010] ScotCS CSIH_76
Parties
Pursuers and Respondents: Brandon Hire Plc; Defender and Appellant: Steven Russell
Jurisdiction
Scotland
Judgment Date
24 June 2010
Procedural Posture
Civil Appeal / Appeal Against Sheriff's Decision Refusing to Admit Certain Averments to Probation
Outcome
appeal refused
Legal Topics
Personal Guarantees, Director Liability, Construction of Contract Terms
Contract Law Commercial Law Personal Guarantees Director Liability Construction of Contract Terms

Case Brief

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Parties

Brandon Hire Plc

Pursuers and Respondents

Steven Russell

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Against Sheriff's Decision Refusing to Admit Certain Averments to Probation

Legal Issues

  1. 1 Whether the wording of Section E of the application form imposed personal liability on the director for the company's debts
  2. 2 Whether sufficient notice was given to the director that he was signing a personal guarantee

Ratio Decidendi

The clear and unambiguous wording of Section E, headed 'Guarantee' and expressly stating personal liability, imposed a binding personal guarantee on the appellant; the appellant is deemed to have read and accepted personal liability by signing.

Court Disposition

appeal refused

Orders

  • Case remitted to the sheriff to proceed as accords