Source: All England Reporter
Publisher Citation: [2004] All ER (D) 205 (May)
Neutral Citation: [2004] EWHC 1126 (Ch)
Court: Chancery Division
Judge:

Richard Sheldon QC sitting as a deputy judge of the High Court
Representation Richard Carter (instructed by Shammah Nicholls) for the claimant.
  Jonathan Lopian (instructed by Jeffries) for the defendant.
Judgment Dates: 14 May 2004

Catchwords

Guarantee - Co-guarantors - Company debt - Limitation period - Effect of part payments on limitation period - ss 8(1), 37(1).

The Case

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.

Practice Areas

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