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England and Wales decisions
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An interim injunction cannot restrain a bank from paying out under a performance bond absent fraud; the demand complied with the bond's requirements; the bond was not discharged by repudiatory breach; set-off rights do not entitle the applicant to an injunction; balance of convenience and adequacy of damages favour refusal.
Source excerpt
CR Construction (UK) Company Ltd v Barclays Bank PLC [2026] EWHC 202 (TCC) (04 February 2026)
Interim injunction refused in a performance bond dispute. The court held there was no fraud alleged against the bank, the demand was compliant, and the balance favoured payment.
Chugga Chugg Pty Ltd v Privinvest Holding SAL [2025] EWHC 585 (Comm) (14 March 2025)
Commercial Court judgment on a yacht-building guarantee. The court held Chugga Chugg had not renounced the contract and that Privinvest was liable under the guarantee.
The court held that Euler Hermes remained liable under an HMRC guarantee for tax debts accrued before termination, and could recover the payment from indemnitors.
Euler Hermes SA v Mackays Stores Group Ltd [2022] EWHC 1918 (Comm) (25 July 2022)
The High Court held that Euler remained liable under an HMRC guarantee for liabilities accrued before termination, and could recover the payment from the defendants under an indemnity.
Shanghai Shipyard Co. Ltd. v Reignwood International Investment (Group) Company Ltd [2021] EWCA Civ 1147 (23 July 2021)
Court of Appeal held a shipbuilding payment guarantee was a demand guarantee and that its arbitration proviso was only triggered if arbitration began before demand.
The Commercial Court held that an irrevocable payment guarantee for a shipbuilding contract was a see-to-it guarantee, and that payment could be withheld pending arbitration regardless of when arbitration began.
Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Ltd [2020] EWHC 803 (Comm) (03 April 2020)
The Commercial Court held that a shipbuilding payment guarantee was a see-to-it guarantee, not a demand guarantee, and could be withheld pending arbitration.
Summary judgment was granted on a demand guarantee dispute after the court held the HSBC condition was satisfied, or alternatively displaced by URDG Article 7.
Tecnicas Reunidas Saudia for Services and Contracting Co Ltd v The Korea Development Bank [2020] EWHC 968 (TCC) (14 February 2020)
The court granted summary judgment on a demand guarantee claim, holding the HSBC condition was satisfied by payment to SABB, or alternatively was disregarded under URDG 758.
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