In this week’s NLJ, Jonathan Bennett, associate at Brecher, and James Davies, New Square Chambers, discuss the doctrine of purview in the law of guarantees, which ‘can have an effect on enforcement attempts against debtors (principally any guarantors) under a mortgage’ and is therefore a doctrine that banks, lenders and their advisors should consider.
Bennett and Davies look at the doctrine’s origins and consider recent case law, including a case in which the authors acted for the successful petitioner on a bankruptcy petition where the purview doctrine was deployed by the debtor as a defence to the petition debt.
The authors helpfully provide a list of tips for lenders to consider. For example, they write: ‘It should be noted that “all monies” guarantees will be far less susceptible to challenge on the basis of the purview doctrine.’
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