Ansell Rus LLC v Prologic (UK) LLP

E40BM056

Citation or case number

E40BM056

Forum and jurisdiction

High Court, Business and Property Courts in Birmingham

Date

2021

Role and party represented

Sole counsel for the claimant, instructed by Shakespeare Martineau

Principal subject

Guarantees, authority and estoppel

Judge

His Honour Judge Worster, sitting as a Judge of the High Court under section 9

Alexander successfully represented a Russian company at trial in a guarantee claim worth more than £3 million. The claimant succeeded on liability and on the pleaded basis of quantum.

Case overview

The High Court claim concerned enforcement of a substantial commercial guarantee and required close analysis of the authority by which the guarantee had been entered into and the parties' subsequent conduct.

Principal issues or remedies

  • Actual and ostensible authority to enter into the guarantee.
  • Estoppel and ratification arising from the parties' conduct.
  • Liability and assessment of the claim on the pleaded quantum basis.

Alexander's role, work and outcome

The claimant succeeded at trial on all claims and on the pleaded basis of quantum.

Why the case matters

The result followed a substantial sole-counsel trial involving commercial, cross-border and guarantee-enforcement issues.

Official, reported and published materials

The trial decision is unreported and no public judgment is available.

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