[2025] EWHC 1972 (Comm)

Clause 2 sets out her obligations as guarantor, including, at sub-clause 2.1, the obligation to pay on demand.

Clause 3.4 provides:

“Before enforcing this Deed, the Lender shall not be obliged to take any action or obtain any judgment or decree, nor make or file any claim in the bankruptcy, sequestration, administration, dissolution or winding up of the Borrower, nor enforce any other security held by the Lender or enforce any other means of claiming payment.”

Clause 4.2 provides:

“The Lender shall not be obliged before taking steps to enforce any of its rights and remedies under this Deed:

4.2.1

to take any action or obtain judgment in any court against the Borrower or any other person; or

4.2.2

to make or file any claim in a bankruptcy, liquidation, administration or insolvency of the Borrower or any other person; or

4.2.3

to make demand, enforce or seek to enforce any claim right or remedy against the Borrower or any other person.”

Clause 5.3 provides:

“The Guarantor shall:

5.3.1

not without the prior written consent of the Lender dispose of any estate or interest in which it has any legal or beneficial interest in any freehold, tenantable or leasehold property; and

5.3.2

notify the Lender of any acquisition of any estate or interest in which it has any legal or beneficial interest in any freehold, tenantable or leasehold property.”

Clauses 15.2 and 15.4 provide for service (and the deeming of such service) of any communication or document on Mrs Bandak at 46 St Quintin Avenue.

Above Mrs Bandak’s signature is the following notice, in bold type:

“IMPORTANT NOTICE

It is recommended that a solicitor or other independent legal adviser is consulted before this Deed is executed by the Guarantor. The liability of the Guarantor under this Deed is limited as provided in Clause 2.4. If the Guarantor signs and the Lender is not paid the Guarantor may have to pay instead of, or as well as, the Borrower.

The Guarantor confirms that before he/she signed this document and in relation to its nature, meaning, effect and risks:

1.

he/she was recommended to take independent legal advice; and

2.

he/she has taken or has had the opportunity to take independent legal advice.

The Guarantor confirms that he/she fully understands the obligations placed upon him/her following his/her signature. The Guarantor has signed this Deed of his/her own free will without duress or undue influence.”