Thu 30 May 2019
Guarantees and the purview doctrine - An unhelpful encroachment into commercial transactions
It has long been a principle of Scots law that a guarantor (or in proper Scottish legal parlance, a "cautioner") will be discharged from his or her liability under a guarantee (or a "cautionary obligation" in that same parlance) if the underlying contract or arrangement to which the guarantee relates is amended or altered in a material manner without the consent or knowledge of the guarantor.
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The High Court Clarifies Quincecare Duty in Hamblin and another v Moorwand Ltd and another [2025] EWHC 817 (Ch)
Following on from my colleagues articles on both the Quincecare Duty and the Supreme Court decision in Philipp v Barclays Bank plc, the High Court has provided further guidance on the Quincecare Duty in Hamblin and another v Moorwand Ltd and another. This case is particularly notable as it involves a derivative action brought by Mr and Mrs Hamblin.