Citation: 1 BLR 37, [2009] EWHC 832 (TCC)
Nature of case: On a Part 24 application for summary judgment against a personal guarantor, the court found that a material variation in the terms of the principal contract will discharge the surety unless the surety consents to it.The issue of whether Dr. Russo was bound by the adjudicator’s award by virtue of participating in the proceedings depended upon whether he became bound in his personal capacity, and could not be determined on a Part 24 application. Dr. Russo had real prospects of successfully defending the claim on the basis that he would not be bound by the adjudicator’s decision in relation to personal obligations arising under the guarantee.
