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