The Defendant had gambled and lost money at the Claimant’s clubs. andpound;29,000 was due on cheques drawn by him which had not been honoured. An agreement was reached under which he would pay andpound;13,500 in cash, and would reduce the rest of the balance by stages out of winnings.
Held: That was an illegal agreement under section 16, and it was not complied with except as to the andpound;13,500. However, the admitted illegality of the later agreement did not affect the Claimant’s existing right to reimbursement for the cheques which had been dishonoured. The court said: ‘I see no reason why that illegality in April 1977, as it were, should cast a shadow backwards on to the activities – lawful and legal activities – which had occurred before then.’
Judges:
Mr Patrick Bennett QC
Citations:
Unreported, 14 May 1985
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Aspinall’s Club Ltd v Al-Zayat CA 19-Oct-2007
The claimant had sued the defendant for non-payment under a cheque for andpound;2 million. The cheque had been issued to replace earlier cheques given but not met, for sums staked for gambling at the claimant’s casino. The defendant said that the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 26 May 2022; Ref: scu.259935
