header-logo header-logo

16 September 2010 / Mike Griffiths
Issue: 7433 / Categories: Features , Procedure & practice , Divorce
printer mail-detail

Situation Critical

The effective taking of guarantees is a critical stage in the provision of finance by banks and similar institutions.

However, in spite of the huge amount of litigation on the topic over recent years, it is astonishing just how many guarantees are still not properly taken.

The last major examination of the law governing the taking of guarantees by the House of Lords was in the case of Royal Bank of Scotland v Etridge [2001] 4 All ER 449. In this Lord Nichols set out guidelines which, if properly followed, should ensure that any guarantee was as close to being beyond the possibility of challenge as may be. In this article, for clarity the scenario will be that the husband is the businessman and that it is his wife who is being asked to provide the guarantee. However, this is done merely for clarity of expression and Lord Nichols made it quite clear that the principles he set out would apply in any other relationship.

Proof that a surety, trying to obtain relief from a guarantee previously given, obtained independent legal advice is a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll