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Article
What happens if there is an overpayment on a performance bond?
In Glencore Energy UK Ltd v NIS JSC Novi Sad [2023] 370 (Comm), Based on the prevailing market rate for storage charges in respect of contaminated oil, the defendan…
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Article
Repudiatory breach sinks ships
The High Court judgment in Havila Kystruten AS v Abarca Companhia De Seguros provides a clear example as to how contracts are interpreted in practice.
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Article
The importance of time: Elements (Europe) Ltd v FK Building Ltd
It is vitally important to comply with timescales in contracts. In this case, the Court had to consider the meaning of ‘day’ in a Joint Contracts Tribunal standard …
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Article
Adjudication enforcement: to challenge, or not to challenge?
The TCC has adopted a robust attitude to the enforcement of adjudicators’ decisions and will generally enforce any decision made by an adjudicator who had jurisdict…
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Article
Eco World: Ballymore Embassy Gardens Co Ltd v Dobler UK Ltd
Ballymore Embassy Gardens Co Ltd v Dobler UK Ltd is an interesting case which deals with the interaction between partial possession and liquidated damages, where th…
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Article
How are creditors’ and sureties’ claims dealt with in an insolvency of the principal?
How much can a surety prove for in insolvency proceedings of the principal? The case of Lehman Brothers Holdings Scottish LP 3 v Lehman Brothers Holdings Plc (in Ad…
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Article
The differences between an indemnity and a guarantee, and the meaning of the words “without deduction or set off”
This article provides an essential overview to the important case of Brown-Forman Beverages Europe Ltd v Bacardi UK Ltd [2021] EWHC 1259, offering clear takeaways c…
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Article
Interpretation and effect of a financial cap on liability
This article offers important guidance on the interpretation of financial caps in documents.
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Article
Enforcement of Deferred Consideration Guarantees: instrument construed as a demand bond
In our latest insight, we offer important guidance on the construction and interpretation of guarantees. This is essential reading for anyone working in surety.
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Article
Was a guarantee payable on demand or was the guarantor only required to pay if the contractor had a liability to the pursuer?
A recent case highlights that to avoid confusion arising it's always better to set out the intentions of the parties in clear and unambiguous language.