Guarantee or indemnity? Conclusive evidence clauses

By Robert Syms

In ABM Amro Commercial Finance plc v McGinn and others [2014] EWHC, the court considered whether deeds intending to indemnify a factor’s losses under an invoice discounting agreement were an indemnity or a guarantee.

In addition, the court looked at the operation and effectiveness of a conclusive evidence clause.

Guarantees and indemnities are central to the strategy of financial risk management in many commercial contracts and lending relationships…

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