‘A Practical Guide to the Law of Spousal Guarantees in Scotland’ by Andrew Foyle


Paperback: 978-1-913715-46-5
Published: February 2021
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The law of Scotland relating to guarantees granted by spouses for their partners’ business debts was radically altered by the House of Lords during the 1990s.  In the years which followed, a period of development of the law in this area took place so that the duties of a lender taking security from the spouse of their debtor are now reasonably clear. This is the first major work in Scotland to pull all of this legal development into a single, practical guide.

This work represents a guide to the law in this field, tracking its development and examining its boundaries. It also contrasts the position in England with the development of Scots law and sets out the remaining uncertainties in the law of Scotland and the potential future development, including an examination of the most recent cases decided in Scotland.

It is a work which is suitable as a brief guide for practitioners in both transactional and litigation roles in order to aid understanding in this niche area of law, as well as being a useful primer for banking professionals in commercial lending teams.


Andrew Foyle is a solicitor advocate and the Head of Litigation for Scotland at Shoosmiths LLP, with over 17 year’s experience advising and representing financial institutions and insolvency practitioners at all levels of the Court system in Scotland. His experience in the financial sector involves both pursuing and defending claims, including secured and unsecured asset/credit recovery, regulatory issues, mis-selling claims, fraud, negligence and contractual claims. He has been involved in a number of recent high profile cases in the banking sphere and has spent periods on secondment with two major clearing banks.


Chapter 1 – Introduction
Chapter 2 – The Law Prior to 1997
Chapter 3 – Developments in England & Wales
Chapter 4 – Smith -v- Bank of Scotland
Chapter 5 – Development of the Law Post-Smith
Chapter 6 – The Current State of the Law
Chapter 7 – Future Battlegrounds