United Kingdom performance bondson demand bonds

Simon Carves Ltd v Ensus UK Ltd

[2011] EWHC 657 (TCC)

JurisdictionUnited Kingdom

CourtHigh Court (Technology and Construction Court)

Year2011

StatusPersuasive authority

Key Principle

Fraud is not the only ground on which a beneficiary may be restrained by injunction from calling on an on-demand performance bond: where the underlying contract, on a proper construction, clearly and expressly prevents the beneficiary from making a demand, the call may be restrained.

Area of Law

costs, procedure

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