On demand vs. surety guarantee

David Owens (Director) and Cassandra Anum, Trainee Solicitor at CJC, write about a recent Court of Appeal decision on the construction of a guarantee given to support the obligation of a buyer to pay the final instalment payment under a shipbuilding contract. The Court of Appeal overturned a previous High Court decision, and found that the guarantee was a demand guarantee not a surety guarantee, and that the guarantee could accordingly be enforced regardless of the fact there was an ongoing dispute as to liability to make payment of the sum guaranteed.

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David Owens
Director
David@cjclaw.com
Cassandra Anum
Trainee Solicitor
Cassandra@cjclaw.com