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ARTICLE · 05 MAY 2026

Protecting A Performance Bond: Lessons From CR Construction UK V Barclays Bank Plc

Bryan Cave Leighton Paisner
Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner

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In this Insight, Marcus Birch considers the case of CR Construction (UK) Limited v Barclays Bank plc [2026] EWHC 202 (TCC) which concerned an unsuccessful application by a contractor for an injunction restraining...

United KingdomLitigation, Mediation & Arbitration
Marcus Birch
Marcus Birch

Summary

In this Insight, Marcus Birch considers the case of CR Construction (UK) Limited v Barclays Bank plc [2026] EWHC 202 (TCC) which concerned an unsuccessful application by a contractor for an injunction restraining the bank which issued its performance bond from paying out under a demand made by the employer. 

CR Construction (UK) Limited v Barclays Bank plc [2026] EWHC 202 (TCC) concerned an unsuccessful application by a contractor for an injunction restraining the bank which issued its performance bond from paying out under a demand made by the employer. It is a straightforward application of the normal principles laid down in previous cases, from Edward Owen Engineering Ltd v Barclays Bank International Ltd [1978] 1 All ER 976, through Simon Carves Ltd v Ensus UK Ltd [2011] EWHC 657 and on to more recent cases such as Shapoorji Pallonji and Co Private Ltd v Yumn Ltd [2021] EWHC 862 (Comm).

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