Source: All England Reporter
Publisher Citation: [2006] All ER (D) 192 (Jul)
Court: Queen's Bench Division
Judge:

Cox J

Representation Jessica Connors (instructed by HCC International Insurance plc) for the claimant.
  Morwenna Macro (instructed by BP Collins) for the defendant.
Judgment Dates: 14 July 2006

Catchwords

Contract - Bond - Performance bond - Indemnity agreement - Director of building company agreeing to pay on demand deposit to bond issuer - Bond issuer making demand - Director not making payment - Judge granting bond issuer summary judgment - Whether judge in error.

The Case

In the circumstances of the case, the defendant had clearly been under a contractual obligation to pay the claimant insurers on demand a deposit on 7,000 in connection with a performance bond which the claimant had issued in respect of a construction company of which the defendant was director. The county court judge had not erred in granting summary judgment on the claimant's claim.

Practice Areas

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