“… guarantor to see that the principal debtor pays (which creates a liability in damages): see for example McGuinness v Norwich and Peterborough Building Society [2011] EWCA Civ 1286. But in the present case the guarantee given by Mr Khan was undoubtedly of the former type as it provided that Mr Khan undertook to make good and pay on demand…”
“…rcumstances a liability under a guarantee may be unliquidated. This issue was considered by this court in McGuiness v Norwich and Peterborough Building Society [2011] EWCA Civ 1286. But it is not suggested that Mr Gertner’s liability to Kaupthing was prior to the KSA unliquidated or, for that matter, unascertained. The only issue is wheth…”
“…ce with a contractual formula or contractual machinery which, when operated, will produce a figure.’ (See McGuinness v. Norwich & Peterborough Building Society [2011] EWCA Civ 1286, [2012] BPIR 145, per Patten LJ at [36]).’…”