Failure by one guarantor to sign a guarantee meant it was unenforceable against all

Despite extensive protective language, because one individual failed to sign a guarantee properly, it was void against the other individuals who did sign.

The guarantee language did not explicitly refer to an executing party being bound even if another party who was supposed to execute the guarantee but did not and consequently, the guarantee could not be relied upon.

Mr Harvey and three other individuals guaranteed the obligations of a company to its bank, Dunbar Asset Plc by entering into a personal guarantee…

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