Holme v Brunskill

JurisdictionEngland & Wales
Judgment Date1878
CourtCourt of Appeal
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88 cases
  • GPP Big Field LLP v Solar EPC Solutions SL (formerly known as Prosolia Siglio XXI)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 7 November 2018
    ...the guarantee 41 (3.4.2) Is clause 6.2 a guarantee or indemnity? 42 (3.4.3) Does the doctrine of “unusual features” and/or the rule in Holme v Brunskill apply to contracts of indemnity 44 (3.4.4) Unusual features 52 (3.4.5) Discharge by variation 55 (3.5) Counterclaim 58 (4) The Beaford Bro......
  • The Royal Bank of Scotland Plc v Chandra
    • United Kingdom
    • Chancery Division
    • 28 January 2010
    ...not be discharged. The principle is applied very strictly so that even the most trifling variation may discharge the surety.” He cited Holme v Brunskill (1877) 3 QBND 495, on which the passage in Chitty is partly based, and Lloyds TSB Bank plc v Shorney [2001] EWCA Civ 1161. 94 In my judgme......
  • Hackney Empire Ltd v Aviva Insurance Uk Ltd (Formerly Trading as Norwich Union Insurance Ltd)
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 21 September 2011
    ...and Dock Board [1937] AC 1. Aviva's case 80 Mr Wilmot-Smith's primary submission is that this case falls squarely within the rule in Holme v Brunskill (1878) 3 QBD 495, as set out in the judgment of Cotton LJ, at 505: "The true rule in my opinion is, that if there is any agreement between t......
  • ABM Amro Commercial Finance Plc v Ambrose McGinn and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 23 May 2014
    ...to the Agreement over time, which were material and which discharged them from the deeds of indemnity pursuant to the so-called rule in Holme v Brunskill (1878) 3 QBD 495. The relevant variations were all extensions to the facility provided by the claimant under the Agreement from time to t......
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2 firm's commentaries
  • Guarantor Or Security Provider Consent To Changes, Consents Or Waivers
    • United Kingdom
    • Mondaq UK
    • 1 August 2016
    ...to a borrower, where the liabilities of that borrower are covered by a guarantee or third party security. Footnotes 1 Holme v Brunskill 1878 3 QBD 495, CA 2 Marubeni Hong Kong & South China Ltd v Mongolian Government [2004] EWHC 472 3 Howard de Walden Estates Ltd [1995] 22 EG 143 4 Samu......
  • Passing The Buck: The Limit Of Lenders' Duties In Commercial Transactions
    • United Kingdom
    • Mondaq UK
    • 30 May 2018
    ...a welcome judgment for valuers who seek to rely on disclaimers to avoid claims from third parties. Footnotes 1 [2018] EWHC 748 (QB) 2 (1878) 3 Q.B.D. 495 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your s......

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