Execution Of Guarantees

Seeking to enforce and make demand under a personal guarantee can be a minefield and we have previously written on the execution requirements of a guarantee and the importance of the guarantor obtaining independent legal advice: please see our briefing paper entitled " Enforcing Against a Personal Guarantor". However, the recent case of Gordon James Ramsay v James Love1 held that an individual was bound by the terms of a personal guarantee even though he had not executed the document himself: it had been executed by a signature machine used by a business colleague on his behalf.

In this case, Mr Hutcheson was a long term business partner (and the father-in-law) of Mr Ramsay who was charged and trusted with...