The importance of a demand — East Ayrshire Council v Zurich Insurance
In a recent case, the Scottish Court of Session reiterated the importance of acting consistently with agreed procedures for making a demand under a performance bond.
The ruling emphasised that it is irrelevant whether or not the procedures appear to have significant practical effect.
The Scottish Coal Company was granted planning permission for a surface mine at Dalfad in Aberdeen, but it was subject to various restoration obligations that were secured by an on-demand bond provided by Zurich Insurance…
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