| Publisher Citation: | [2001] All ER (D) 122 (Jul) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Potter, Hale LJJ and Sir Anthony Evans |
| Representation | Steven Berry QC (instructed by Stephenson Harwood) for the first defendant. |
| Paul McGrath (instructed by Nicholas Drukker & Co) for the second defendant. | |
| Nigel Davis QC and Paul Norris (instructed by Paul Davidson Taylor, Horsham) for GMAC. | |
| Judgment Dates: | 10 July 2001 |
Catchwords
Guarantee - Loss - Recovery - Guarantors guaranteeing obligations under factoring agreement - Factor requiring repurchase of factored debts - Guarantor contending that repurchase notice failing to comply with provisions of factoring agreement - Judge concluding that repurchase notice valid - Whether judge in error.
The Case
On the facts of the instant case, the factor had failed to give notice for the repurchase of factored debts that complied with the provisions of the factoring agreement.
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