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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.
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The Commercial Court granted summary judgment to Nordic Power Partners in a dispute over sale proceeds from Brazilian solar projects under an English-law cooperation agreement.
Nordic Power Partners P/S & Ors v Rio Alto Energia, Empreendimentos E Participacoes LTDA & Ors [2026] EWHC 806 (Comm) (01 April 2026)
The High Court granted summary judgment to the claimants, holding they were contractually entitled to 100% of sale proceeds under a waterfall mechanism.
The TCC enforced an adjudication in part, holding the payment notice invalid but the pay less notice valid, and refusing a stay despite insolvency concerns.
Presbar Diecastings Ltd v GW Atkins & Sons Ltd & Anor [2026] EWHC 399 (Ch) (25 February 2026)
High Court Chancery Division judgment on an APA dispute: Presbar recovered the unpaid purchase price, while Shield’s principal order book and machinery warranty counterclaims mostly failed.
High Court dispute over an asset purchase agreement, focusing on order book warranties, the meaning of “new work,” and limited counterclaims for machinery and scrap metal.
Undritz v D'Amico Tankers DAC [2026] EWHC 157 (Comm) (11 February 2026)
The High Court ordered security for costs of ÂŁ90,000 in charterparty claims brought by insolvent German companies, finding the order just and not stifling.
CM Telecom UK Ltd v Buck [2026] EWHC 161 (Comm) (11 February 2026)
Summary judgment was granted for the claimant. The court held the defendant had no real prospect of showing a Dutch no set-off clause should be disapplied.
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.
The 2017 California Judgment is enforceable at common law in England as it is final, conclusive, and for a definite sum; disputes as to quantum or set-off do not defeat enforceability where the sum due is arithmetically ascertainable and sufficient undisputed debt exists to permit set-off against the English costs order.
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