Source: All England Reporter
Publisher Citation: [2002] All ER (D) 25 (Oct)
Court: Technology and Construction Court
Judge:

Judge Anthony Thornton QC

Representation Rachel Ansell (instructed by Fenwick Elliott) for the claimant.
  Vincent Moran (instructed by Herbert Smith) for the defendant.
Judgment Dates: 20 September 2002

Catchwords

Contract - Bond - Performance bond - Enforceability - Guarantor providing performance bond in respect of sub-contractor's obligations to perform sub-contract - Sub-contractor's trading name used in body of bond and on seal applied thereto - Sub-contractor's registered name different to trading name - Whether bond enforceable - ss 36A, 350.

The Case

The use of a company's trading name rather than its different registered name in the wording of a bond did not infringe the requirements of s36A of the . Furthermore, the use of the trading name on the company's common seal in breach of s350 of that Act, which was affixed to the bond, did not expressly render the bond illegal, a nullity, or unenforceable.

Practice Areas

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