Q&As

What is the process for enforcing an English personal guarantee against an individual domiciled in Holland?

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Published on: 19 October 2017
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This Q&A considers the process for enforcing a personal guarantee and does not set out considerations to be taken into account when determining whether the personal guarantee is valid. The response is based on the guarantee making provision for English court jurisdiction given the reference in the question to an English personal guarantee.

Personal guarantees are provided by a guarantor who guarantees to fulfil the obligation of Person A to pay a debt in the event that Person A fails to do so.

Depending on the terms of the guarantee the debt maybe repayable on demand or on the occurrence of a specific event:

  1. if a demand, this must be made in compliance with the terms of the guarantee. It is important to ensure that

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The term used in adjudication for the defence'.

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