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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

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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