Simon Carves Ltd v Ensus UK Ltd [2011] EWHC 657 (TCC)

Construction Focus: On-demand bonds – a return to form?

John Starr reviews recent cases highlighting that the courts will only interfere with irrevocable obligations, such as bonds, in exceptional cases ‘The only established exceptions to the rule that the court will not intervene should be where there is a seriously arguable case of fraud, or it has been clearly established that the beneficiary is …

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Civil Procedure: Stand and deliver

Peter Jansen contemplates recent case law on injunctive relief ‘Sirius International Insurance Co v FAI General Insurance Ltd & ors and Simon Carves Ltd v Ensus UK Ltd demonstrated that an unjustified call on an on demand bond cannot be stopped without proof of fraud.’Historically, English courts were reluctant to injunct banks from paying unjustified …

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