Source: All England Reporter
Publisher Citation: [2011] All ER (D) 59 (Jun)
Neutral Citation: [2011] EWHC 1431 (QB)
Court: Queen's Bench Division
Judge: Simon Picken QC sitting as a deputy judge of the High Court
Representation James Couser (instructed by Judge Sykes Frixou) for the claimant.
  James Quirke (instructed by Douglas Wemyss Solicitors) for the defendant.
Judgment Dates: 9 June 2011

Catchwords

Company - Liquidator - Guarantee - Claimant being liquidator of AF Ltd - Defendant providing personal guarantee under which other company acquiring business and assets of AF Ltd - Claimant seeking to enforce terms of guarantee - Claimant making statutory demand against defendant - Whether claimant able to enforce guarantee - Whether claimant able to receive reimbursement of costs of statutory demand.

The Case

Company Liquidator. The Queen's Bench Division of the High Court allowed the claimant liquidator's claim for sums owed to it by the defendant under a personal guarantee as part of a sale and purchase agreement of a business, but dismissed the claimant's claim with regard to reimbursement of the costs of a statutory demand made against the defendant.

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