AVIVA INSURANCE LTD v HACKNEY EMPIRE LTD

[2013] BLR 57

COURT OF APPEAL(CIVIL DIVISION)

Before Sir THOMAS P,Lord Justice MOSES,Lord Justice JACKSON

Bond – Guarantee – Side agreement between employer and contractor as to on-account payments – Whether side agreement or payments made by employer discharged guarantor under bond. – Bond – Guarantee – Termination of contractor's employment upon appointment of administrator – Whether employer had claim for damages covered by bond – Clause 27 of JCT 1998 Standard Form – Whether clause requiring election between remedies.