Q&As

Can an indemnity be provided by email exchange or does it need to be signed as a deed?

Produced in partnership with Georgia Whiting of Ardmore Group Limited

Published on: 18 September 2018

In contrast to a guarantee, an indemnity is a primary obligation on a party to compensate another for loss or damage. Such obligation is entirely independent of the obligation of the party whose covenants are being strengthened by way of the indemnity. It is, in essence, a contractual promise to accept liability for another’s loss.

A guarantee on the other hand is a secondary obligation, and the guarantor will only be liable in the event that the party whose obligations are the subject of that guarantee fails to perform their primary obligations. The obligation is usually an obligation in respect of payment, but it can also involve

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Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters.

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment.

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.