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ARTICLE · 22 JUNE 2026

Dispatch - Issue 310

Fenwick Elliott LLP
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April's Dispatch examines the legal implications of personal guarantees in construction contracts and explores how preliminary "subject to contract" correspondence can evolve into binding contractual agreements. These issues present significant risks and opportunities for parties in construction disputes.

United KingdomReal Estate and Construction
Fenwick Elliott
Fenwick Elliott
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Personal guarantees
InstaGroup Ltd v Northwest Insulations Ltd & Anor
[2026] EWHC 819 (Ch)

InstaGroup makes insulation materials and subcontracts the installation of those materials to third parties, such as Northwest, who entered into creditors’ voluntary liquidation in August 2025. Mr Stansfield was a director of Northwest from 27 August 2008 until 19 April 2022. InstaGroup alleged that Northwest breached an agreement dating from 2013, and claimed over £3 million against Northwest. InstaGroup made a claim against Mr Stansfield based on the terms of a Guarantee entered into in 2008.

In 2008, InstaGroup had entered into an agreement with Northwest for the installation of cavity wall insulation. In October 2008, Northwest entered into a credit facility agreement. Mr Stansfield signed a pre-printed form entitled “Credit Account Application Form”, which included the following:

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