| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 39 (Dec) |
| Court: | Chancery Division |
| Judge: | Simon Berry QC sitting as a deputy judge of the High Court |
| Representation | Jamie Riley (instructed by Collyer-Bristow) for the claimants. |
| Mark Piercy (instructed by Brown Cooper Monier-Williams) for the defendants. | |
| Judgment Dates: | 2 December 2003 |
Catchwords
Guarantee - Contract of guarantee - Agreement - Consideration of evidence.
The Case
On the issues, inter alia, as to whether a joint venture agreement was reached between the first claimant and the defendants, and whether the second defendant was liable to the first claimant under a guarantee, the court decided that on the evidence such an agreement was reached, and the second defendant had entered into the guarantee. Accordingly, the agreement had not been performed as it should have been, and the second defendant was liable under the guarantee.
Practice Areas
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