Insights: Legal Updates - June 2010

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Performance bonds


In Enka Insaat v Banca Populaire Dell’Alto and Enka Insaat v Cassa DDI Risparmio DDI Bolzano [2009] EWHC 2410 (Comm) the applicant applied for summary judgment against two banks pursuant to performance guarantees that they had issued. The applicant had entered into a contract with a Russian owner for the design and construction of its […]

Retrospective liability for contaminated land


Developers, contractors and professionals may be surprised to learn that they can be found liable for contaminated land (and be made to pay the costs of remediation) many years after their involvement with it has ended. Alarmingly, it is possible to be liable even if remediation that met the required standards of the time was […]

Anti-deprivation rule


The anti-deprivation rule operates to prevent a person’s property being transferred and taken away from his creditors on bankruptcy or winding up. In Perpetual Trustee Co Limited and others v BNY Corporate Trustee Services Limited and others and Butters and others v BBC Worldwide and others [2009] EWCA Civ 1160 the Court of Appeal had […]