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.
Articles related to
Bonds and guarantees
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.
TTSJV WLL & Ors v BapCo Refining BSC
What is the correct legal test for challenging a call made against a bond?
GMC Utilities Group Ltd v Sumitomo Electric Industries Ltd
Did a letter form a binding agreement between the parties or was it simply part of an exchange which was subject to contract?
InstaGroup Ltd v Northwest Insulations Ltd & Anor
Following a creditors’ voluntary liquidation, could a claiming party make a call on a personal guarantee signed by a former director?
CR Construction (UK) Company Ltd v Barclays Bank PLC
Was the contractor able to secure an interim injunction against the bank to restrain it from making a payment following a call on a bond?
Bonds and Guarantees: What to focus on in the current economic environment
January 2024 Insight looks at bonds and guarantees, including the basic issues parties forget when offering securities.
Retentions: get rid or retain?
Claire King looks at the industry-wide reasons for moving away from retentions and then reviews the possible options for alternatives that are available.
Bonds and guarantees: key considerations in the current economic environment
Partner Claire King is joined by Mathias Cheung of Atkin Chambers to discuss bonds and guarantees and offer their thoughts on the key considerations those providing, and calling on, such securities need to have in mind in the current economic climate.
Staying court proceedings: what’s the matter?
Jeremy Glover reviews a recent UK Supreme Court Case in which the court allowed an appeal against a decision under Section 9 of the Arbitration Act 1996.
The Importance of Choosing an Arbitral Seat for the Parties
The seat of arbitration is crucial to defining the legal framework for arbitral proceedings.
ESG and Energy on the African Continent
There is no “one size fits all” approach to ESG issues; however, what is clear is the continent of Africa continues to move (albeit perhaps slowly) towards adopting sustainable and renewable energy practices.