E-mail guarantee binding on (Alleged) Guarantor ?

The English High Court has considered the issue of whether a guarantee given by e-mail is enforceable. In the case of Nilesh Mehta v J Pereira Fernandes SA [2006] EWHC 813 (Ch) (you will find it at www.bailii.org), the court decided that it was not enforceable. On the basis of my reading of the note on the decision by CMS Cameron McKenna LLP, from which my entire knowledge of it so far comes, the result seems uncontroversial. Neither the alleged guarantor's name nor even his e-mail address was on the face of the message.

For any contract, this would create a difficulty; guarantees are rightly deemed  to need a higher standard of proof, as the person being held to account is not the primary debtor.

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