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09 June 2017
Issue: 7749 / Categories: Case law , Law digest
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Bank

Deutsche Bank AG, London Branch v CIMB Bank Berhad [2017] EWHC 1264 (Comm), [2017] All ER (D) 171 (May)

The Commercial Court ruled on a dispute between the claimant bank (Deutsche, the confirming bank), and the defendant bank (CIMB—the issuing bank), concerning Deutsche’s claim for reimbursement of sums it had allegedly paid to a company (as beneficiary), under letters of credit issued by CIMB.

Deutsche had argued that the issuing bank, under a letter of credit, had to accept, on its face, a statement by the confirming bank that it had paid the beneficiary under letters of credit, and that CIMB had no right to request further information in respect of that payment.

The court held that, on the true construction of Art 7(c) of the Uniform Customs & Practice for Documentary Credits (UCP 600), read with the definition of ‘honour’ in Art 2 of UCP 600, an issuing bank’s undertaking to reimburse a confirming bank arose where the confirming bank had honoured a complying presentation by making payment under the credit.

It further held that, in circumstances where

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NEWS
The government is considering introducing a Serious Fraud Office (SFO) financial incentives scheme for individuals who report economic crime
Defendants will attend their first court hearing virtually via a secure link from a police custody suite, the Ministry of Justice (MoJ) has confirmed in its response to Lord Leveson’s independent review of the criminal courts
The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)
The Sentencing Council is consulting on three new and three revised guidelines for ‘Bladed article and offensive weapon etc offences’
The Ministry of Justice has laid secondary legislation to allow, for the first time, proceedings in the Administrative Court, a part of the King’s Bench Division in the High Court, and sentencing remarks by the Chief Magistrate to be broadcast
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