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Article
Understanding the significance of oral clauses in surety agreements
The case of European Bank for Reconstruction and Development v Teodori explores what the effect is upon guarantors agreeing to vary the underlying loan agreement an…
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Article
Reinsurance treaty dispute: Where and how should it be resolved?
Did the English proceedings trump the American action or vice versa in the case of Tyson International Co Ltd v Partner Reinsurance Europe and how should disputes b…
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Article
New JCT 2024 Edition Design and Build Contract
On 17 April 2024, the Joint Contracts Tribunal released the 2024 edition of its Design and Build Contract, which is the first major update since 2016. We provide an…
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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, the defendant had been paid 50% too much under a performance bond. Was the claimant oil trader entitled to repayment o…
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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…