Promontoria (RAM) Ltd v Moore

Lending and security – Guarantee – Assignation – Enforcement. Court of Session: In an action concerning a personal guarantee under which the defender had guaranteed payment of all sums due by a debtor company to a bank under banking facilities, the bank having sought to assign its rights under an amended facility agreement and under the guarantee to the pursuer, the court rejected the defender's arguments concerning the relevancy of the pursuer's case and its title to sue, holding that the guarantee was assignable and the assignation had been properly intimated to the defender.

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