Landlord and tenant Surety
Landlord and tenant – Surety – Liability – Respondent acting as surety of tenant’s obligations under lease of commercial premises – Tenant effecting substantial alterations to demised premises under licence…
Construction contract – Surety – Bond – Defendant being held liable under bond – Claimant claiming interest on full amount of bond – Whether delay in bringing proceedings affecting defendant’s…
Surety bond, Interest
Case No: A1/2011/2956Neutral Citation Number: [2012] EWCA Civ 1716IN THE COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM THE HIGH COURT OF JUSTICE,QUEEN’S BENCH DIVISION, TECHNOLOGY AND CONSTRUCTION COURTMR.
Construction contract – Surety – JCT standard form construction contract (1998 ed) – Appellant giving bond to secure performance of contractor’s obligations to respondent employer – Respondent agreeing to make…
Appellant being surety to lease — Lease disclaimed pursuant to section 178 of Insolvency Act 1986 — Particulars of sale describing property as “vacant” — Whether appellant liable for rent…
Property developers — Company — Mortgage — Legal charge — Original financing agreement changed by new refinancing agreement — Surety under original agreement released under new agreement — Whether changes…
Co-sureties under lease — Tenant failing to pay rent — One surety making two quarterly payments when demanded by landlord — Surrender of lease negotiated — Agreement of co-surety not…
Proposed assignment with replacement surety — Landlord’s refusal of consent — Whether objectively reasonable — Whether proposed replacement surety was “acceptable” as a matter of construction — Landlord’s appeal dismissed
Leases – Surety – Lessee in receivership – Surety claiming no outstanding breaches of covenant – Surety seeking release from obligations – VAT and interests outstanding – Whether landlord estopped…