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Personal guarantees take effect as a borrower’s promise to pay someone else’s debt if the original borrower cannot. In England, a solicitor who specialises in this area reviews and negotiates guarantee wording, checks the link to the primary loan or credit facility, and tests enforceability against consumer protections and misrepresentation rules. They draft or revise the guarantee, assess caps and duration, and advise on releases or variations of the underlying obligation. The work can shape a business’s liability and creditor rights.
A solicitor will identify the exact obligations covered, ensure the guarantor’s liability is defined and capped, and verify how changes to the underlying facility affect the guarantee. They explain the implications of call notices, calls on demand, and any cross-default provisions, and can negotiate releases or changes to protect the guarantor’s position.
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