July 2019
29/7/19
MARTIN v McLAREN CONSTRUCTION LTD [2019] EWHC 2059 (Ch)
If a guarantor’s liability is expressed to arise on demand, there is nothing due unless and until demand is made. A statutory demand cannot itself qualify as such a demand because the debt claimed in a statutory demand must be due and payable immediately when the statutory demand is made. The same applied to an earlier statutory demand which had been withdrawn.