||All England Reporter
|| All ER (D) 205 (May)
|| EWHC 1126 (Ch)
Richard Sheldon QC sitting as a deputy judge of the High Court
||Richard Carter (instructed by Shammah Nicholls) for the claimant.
||Jonathan Lopian (instructed by Jeffries) for the defendant.
||14 May 2004
Guarantee - Co-guarantors - Company debt - Limitation period - Effect of part payments on limitation period - ss 8(1), 37(1).
Where the principal made a part payment of a debt, there was a re-accrual of the limitation period against the surety and time would run afresh. In the instant case however, the payments relied on by the defendant did not constitute payments by the company as the person liable for the debt or its agent. Accordingly, the claim was time barred and the relevant payments had not caused the period of limitation to start afresh.
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