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Can a lender petition for bankruptcy based on a guarantee?

17 November 2011 | Steven Mills Comments Off

Last December, I reviewed the case of McGuinness v Norwich and Peterborough Building Society [2010] EWHC 2989, which considered whether a guarantee liability is a liability for a liquidated sum within...

Tags on this discussion: bank bankrupcy banks guarantee guarantor Insolvency insolvency rules

Government unveils new ‘guarantee’ to reduce planning bureaucracy

9 August 2011 | Michael Oberwarth

As part of its ongoing programme to simplify the planning system, the Government has unveiled proposals for the creation of a planning ‘guarantee' which would ensure that no application for planning...

Tags on this discussion: councils DCLG Department for Communities and Local Government developers guarantee Planning planning applications Planning Guarantee

The impact of security given by the principal debtor on a guarantor

30 June 2011 | Steven Mills Comments Off

The question in this case was whether the existence of the security given by the principal debtor, St George’s Property Services (London) Limited (SGPS) affected the creditor's, Davenham Trust Limited...

Tags on this discussion: bankruptcy guarantee security statutory demand

Can a written guarantee be subject to an oral agreement?

25 May 2011 | Clare Stothard Comments Off

The guarantor, Mr Binney, claimed that although he had signed a written guarantee in favour of National Westminster Bank plc (“the Bank”), it was subject to an oral agreement that the guarantee limited...

Tags on this discussion: bank banking banks contract estoppel guarantee oral agreement representation warranty

What duty of disclosure does a lender owe a guarantor?

10 March 2011 | Steven Mills Comments Off

The Court of Appeal considered the question of how much information a lender is obliged to give a guarantor? Although the case did not involve a retail bank, the principles highlighted are of wider relevance. The...

Tags on this discussion: bank banks disclosure duty of disclosure guarantee Guarantees misrepresentation

Undue influence – again?

3 March 2011 | Clare Stothard Comments Off

This case dealt with very familiar arguments which a wife may raise when a bank seeks to enforce a guarantee and legal charge against her. In September 2001, Mrs Chandra gave a guarantee in favour...

Tags on this discussion: banking banks charge guarantee misrepresentation mortgages retail banking undue influence

Is a guarantee liability a liquidated sum?

25 November 2010 | Steven Mills Comments Off

Is a creditor entitled to bring bankruptcy proceedings in respect of a guarantee and indemnity? In this case , the question the court asked was whether a guarantee liability, is a liability for a...

Tags on this discussion: bankruptcy debts guarantee indemnity liquidated damages

Liquidated damages does not always need to be genuine pre-estimate of loss to be enforceable – Azimut-Benetti v Healey, High Court

8 November 2010 | Mark Weston

Liquidated damages are clauses in contracts that provide for a pre-agreed value to be paid in the event of a breach of contract by one of the parties. Commonly, they are used when there is a delay to performance....

Tags on this discussion: agreement breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law commercial purpose contract contracts delay freedom of contract guarantee High Court invalid late liquidated damages penalty penalty clause pre-estimate summary judgment terminate termination unenforceable void

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

12 August 2010 | Paul Gershlick

Sandhu supplied clothes to JSR, a retailer. The supply contract contained an ‘all monies’ retention of title clause. That clause provided that title in the goods would not pass to JSR until payment...

Tags on this discussion: agreement all monies breach breach of contract clause commercial agreement Commercial contract contract contract law contracts guarantee High Court ineffective purchase agreement purchase contract retention of title Romalpa supply agreement supply contract termination unenforceable

Was there an oral agreement to vary the terms of a guarantee?

19 May 2010 | Karen Jacobs Comments Off

The Court of Appeal held that on the facts of this case it was always contemplated that the guarantors would obtain legal advice before they signed the guarantee. This would be a pointless provision...

Tags on this discussion: banking banks Court of Appeal guarantee

Latest news and views tagged guarantee

Can a lender petition for bankruptcy based on a guarantee?

Government unveils new ‘guarantee’ to reduce planning bureaucracy

The impact of security given by the principal debtor on a guarantor

Can a written guarantee be subject to an oral agreement?

What duty of disclosure does a lender owe a guarantor?

Undue influence – again?

Is a guarantee liability a liquidated sum?

Liquidated damages does not always need to be genuine pre-estimate of loss to be enforceable – Azimut-Benetti v Healey, High Court

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

Was there an oral agreement to vary the terms of a guarantee?

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