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England and Wales decisions
Decisions matching the current search
The court construed a performance bond linked to a JCT contract, holding that an ascertained unpaid debt after insolvency could be claimed under the bond, subject to the bond cap.
Ziggurat (Claremont Place) LLP v HCC International Insurance Company Plc [2017] EWHC 3286 (TCC) (20 December 2017)
The High Court construed a performance bond tied to a JCT contract and held that an ascertained post-insolvency debt could support a claim, though quantum remained challengeable.
Topland Portfolio No 1 Ltd v Smiths News Trading Ltd [2014] EWCA Civ 18 (21 January 2014)
Court of Appeal held that a lease variation license to alter, granted without the surety’s consent, could release the surety under Holme v Brunskill.
The Court of Appeal held that a licence to alter a leased property, granted without the surety’s consent, could discharge the surety under Holme v Brunskill.
The Court of Appeal held that Aviva remained liable on a performance bond despite the employer making ÂŁ750,000 in separate side-agreement payments to the contractor.
Aviva Insurance Ltd v Hackney Empire Ltd [2012] EWCA Civ 1716 (19 December 2012)
Court of Appeal held that a surety was not discharged by extra-contractual payments made under a separate side agreement, and upheld liability under the bond.
Hackney Empire Ltd v Aviva Insurance UK Ltd [2011] EWHC 2378 (TCC) (21 September 2011)
Performance bond dispute over whether side agreements and advance payments discharged the surety. The court held Aviva remained liable, but not for the ÂŁ750,000 repayment claim.
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