header-logo header-logo

14 August 2015
Issue: 7665 / Categories: Case law , Law digest , In Court
printer mail-detail

Guarantee

Caterpillar Motoren GmbH & Co KG v Mutual Benefits Assurance Company [2015] EWHC 2304 (Comm), [2015] All ER (D) 01 (Aug)

The claimant had issued proceedings seeking payment from the defendant insurance company under advance payment bonds and performance bonds that it had issued. The claimant applied for summary judgment, contending that the bonds were “on demand” and so the liability to pay had arisen. The Commercial Court held that there was no material difference between general principles of contractual construction and “Paget’s presumption” for the construction of such instruments. Further, Paget’s presumption applied not only where a bank had issued an instrument, but also to an insurance company, in the ordinary course of its business, particularly where the language of the instrument clearly indicated an intention to create an “on demand bond”. The claimant’s application was granted where, on the true construction of the instruments, they were “on demand bonds”.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll