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Contracting out of the default discharge rule

30 September 2024 / Author(s): Katherine Ratcliffe
Issue: October 2024 / Categories: Feature

This article considers whether it is possible to contract out of the rule that the discharge of one surety results in the discharge of all co-sureties and whether such a clause in a contract complies with the Unfair Contract Terms Act 1977, in light of Cynergy Bank Ltd v Dinglis [2024] EWHC 754 (Comm).

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