P – Primary obligation
6/12/19
ABBHI v SLADE [2019] EWCA Civ 2175
The judge had been right to find that an agreement by a father to pay his son’s legal fees had not been an unenforceable oral guarantee (a secondary liability) but an agreement to fund the fees independently of any default on the part of the son (a primary liability).
18/10/18
BARCLAYS BANK PLC v PRICE [2018] EWHC 2719 (Comm)
Although a guarantee included a principal debtor clause, on its proper interpretation a demand was required for the Bank to bring a claim under it. A demand was not invalid merely because it had been over-stated by £500.
15/11/3
LEVIN v TANNENBAUM [2013] EWHC 4457 (Ch)
On the facts, summary judgment would not be given to dismiss a claim that guarantees had been executed with the applicant’s actual authority and/or under a power of attorney nor on the basis that the guarantees had been discharged by material variations without the applicant’s consent. Considers when demand is necessary to start time running to bring a claim on a guarantee [23]. Under a guarantee expressed to be payable 14 days after demand, time did not start running until the demand had been made and 14 days had expired.
28/11/12
NAKANISHI MARINE CO LTD v GORA SHIPPING [2012] EWHC 3383 (Comm) [40]
Where a guarantee included an undertaking as primary obligor and principal debtor, the guarantor could be liable even if the creditor could not make a claim against the principal debtor.