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01 May 2015
Issue: 7650 / Categories: Case law , Law digest , In Court
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Guarantee

Spliethoff’s Bevrachtingskantoor BV v Bank of China Ltd [2015] EWHC 999 (Comm), [2015] All ER (D) 123 (Apr)

The claimant company, SBV, contracted for the construction of two ships. The ships were not built on time and it obtained awards against the shipbuilders. Via two guarantees, SBV sought repayment from the defendant Chinese bank, which had helped to finance the venture. The question was whether judgments obtained in China against SBV would prevent the bank from being liable. The Commercial Court held that the Chinese judgments did not prevent the bank from being liable and that the bank’s application for a stay would be dismissed.

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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