Trustees of Beardsley Theobalds Retirement Benefit Scheme v Joshua Yardley [electronic resource]
Language: English Publication details: 2011Subject(s): Online resources: Summary: [2011] EWHC 1380 (QB), 30 September 2011. In certain circumstances landlords should check that guarantors have been made aware of their commitments. Failure to do so by landlords could render the guarantee unenforceable. Claimants T are the freehold owners of a Nottingham premises leased to Body Care International Ltd (BCIL) in 2003 for a 15 year term. A BCIL company director M, not wanting to become a guarantor of BCIL which he knew to be in financial difficulties, obtained the signature of defendant Y without Y realising that he was then the guarantor. BCIL went into liquidation. T claimed £100 000 from Y. "Held": the court found in favour of Y: the guarantee was unenforceable as Y had been unduly influenced by M.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 156803-2001 |
[2011] EWHC 1380 (QB), 30 September 2011. In certain circumstances landlords should check that guarantors have been made aware of their commitments. Failure to do so by landlords could render the guarantee unenforceable. Claimants T are the freehold owners of a Nottingham premises leased to Body Care International Ltd (BCIL) in 2003 for a 15 year term. A BCIL company director M, not wanting to become a guarantor of BCIL which he knew to be in financial difficulties, obtained the signature of defendant Y without Y realising that he was then the guarantor. BCIL went into liquidation. T claimed £100 000 from Y. "Held": the court found in favour of Y: the guarantee was unenforceable as Y had been unduly influenced by M.