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14 August 2015
Issue: 7665 / Categories: Case law , Law digest , In Court
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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”.

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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