The Renaissance Club at Archerfield LLP v BVB Sureties Limited
Ted Lowery considers a case in which the surety argued that a performance bond demand included not enough and too much information.
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TTSJV & Ors v BapCo Refining B.S.C.: drawing the threads together on preventing a call
The fraud test for injuncting a bank from paying out on an On Demand Bond sets a high hurdle. However, the case law on injuncting the beneficiary of an On Demand Bond from making a call under the main construction contract itself has arguably eased the requirements in recent years. A new High Court decision in TTSJV v BapCo Refining B.S.C. has now reconciled the differing authorities and confirms that a seriously arguable breach of the underlying contract will not suffice to obtain an injunction. As Claire King explains, it now clear that such relief is only available where the right to call is clearly precluded by the underlying contract.
Issue 314
August’s Dispatch looks at when you can challenge calls on bonds and the importance of getting the details of your payment application right.
Issue 43
This issue explores the new ICC Arbitration Rules, challenges in disputes involving Russian entities, the FIDIC Gold Book, third-party funded arbitration and recent guidance on referring disputes to ad hoc DABs under FIDIC contracts.
Belong (Construction) Limited v Seddon Construction Limited
Ted Lowery considers a recent TCC decision which examined whether liabilities under a Pre-Construction Services Agreement survived the execution of a subsequent JCT contract. The decision is a reminder that where PCSAs are not seamlessly superseded, rights and liabilities may continue beyond the transition to the substantive contract.
Issue 313
July’s Dispatch looks at final dates for payment, final accounts and the meaning of conclusivity.
Senior appointments strengthen Fenwick Elliott
Fenwick Elliott is pleased to announce the appointments of Fatma Guney as Of Counsel, and Emma Chiaramello and Triada Pulham as Senior Associates.
Fenwick Elliott lawyers recognised in Lexology Index and Doyle’s Guide 2026 rankings
Fenwick Elliott’s lawyers have been recognised in the latest Lexology Index and Doyle’s Guide rankings, further reinforcing the firm’s reputation as one of the world’s leading specialist construction law practices.
Jeremy Glover recognised with global Al Mathews Award for Dispute Board Excellence
Fenwick Elliott partner Jeremy Glover has been awarded the prestigious Al Mathews Award for Dispute Board Excellence by the Dispute Resolution Board Foundation (DRBF). Presented annually since 2001, the Al Mathews Award recognises outstanding individuals who have made exemplary contributions to advancing the use of Dispute Boards as a means of avoiding and resolving disputes on major construction and infrastructure projects.
Sutton and East Surrey Water plc v Monarch Chemicals Ltd & Muztrans Limited
Ted Lowery considers a claim for a Civil Liability Act contribution brought in consequence of a chemicals delivery blunder that left the protagonists under a cloud.