Court of Appeal [1998] C.L.C. 182

Cruickshanks, acted for the Bank of China. Held that in determining whether counter guarantees given by one bank to another should be enforced, the correct test to be applied was that a defendant should not be permitted to resile from making payment under the counter guarantees unless the bank issuing the guarantee had notice of clear fraud, Edward Owen Engineerings Ltd v Barclays Bank international Ltd [1978] QB 159