Guarantee subject to condition that it would be signed by all intended guarantors

In Harvey v Dunbar Assets plc [2013] EWCA Civ 952 the Court of Appeal held that a guarantee, on its true construction, was subject to a condition that it would be signed by all the other intended guarantors named as such in the deed and that, consequently, liability as a ‘guarantor’ was only imposed on an individual signatory to the document where all the named individuals did in fact sign the guarantee.