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29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
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Guarantees

Wuhan Guoyu Logistics Group Co Ltd and another company v Emporiki Bank of Greece SA [2012] EWHC 1715 (Comm), [2012] All ER (D) 142 (Jun)

The obligation of a guarantor was to be responsible for the contractual performance due by another person to a third. The commercial purpose of a guarantee was to ensure that the creditor was paid the debt owed to him by the debtor who was being guaranteed. English law afforded a guarantor under a guarantee of the classic type a considerable degree of legal protection. The essential characteristic of a guarantee was that the liability of the guarantor was a secondary one. It was the debtor who was primarily liable to pay. If therefore, the debtor had no liability, the guarantor had none either. The guarantor might avail himself of all the defences available to the debtor in respect of the payment sought. It was established practice to have payment guarantees that were not guarantees, properly so called, but instruments—often called demand bonds or performance bonds—by which a bank or similar institution promised to pay an instalment due against a written demand, or a

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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