Wragge Lawrence Graham & Co

UK 200 2013 position: 25

Case update — performance bonds

The Court of Appeal has reinforced the position that the primary liability to pay under a performance bond is entirely separate from the relationship between the parties to the underlying contract. The case in question was the Court of Appeal hearing of the Wuhan Guoyu Logistics Group v Emporiki Bank of Greece [2013] EWCA Civ 1679.

The earlier decision (concluding that the document in question was a performance bond and not a guarantee) was the subject of an AAA last year…

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