header-logo header-logo

29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll