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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Contract - From: 1997 To: 1997

This page lists 150 cases, and was prepared on 20 May 2019.

 
Skipsredittforeningen v Emperor Navigation SA [1997] 2 BCLC 398
1997

Mance J
Contract
The court considered the reaonableness of a contract clause which sought to exclude liability for misrepresentation: "The consequence of the approach adopted in Stewart Gill [[1992] 1 QB 600] is (as the present case shows) that the court may hear arguments that a term is or may be unreasonable (and so wholly void in relation to misrepresentation or breach of contract claims, as the case may be) for reasons or in respects that have nothing to do with the facts of the actual case. Assuming that the whole term will be invalid in this way if it fails the requirement of reasonableness, the court should, I think, take care to consider the clause as a whole in the light of the circumstances when the contract was made, in order to judge in the round whether it satisfies the requirement of reasonableness. The court should not be too ready to focus on remote possibilities or to accept arguments that a clause fails the test by reference to relatively uncommon or unlikely situations."
1 Citers


 
Sonicare International Limited v East Anglia Freight Terminal Limited [1997] 2 Lloyds Rep 48
1997

Judge Hallgarten QC
Contract, Consumer
When looking at the reasonableness of a clause limiting rather than excluding of liability, the size of the limit compared with other limits in widely used standard terms may be relevant.
Unfair Contract Terms Act 1977
1 Citers


 
Grains and Fourrages SA v Huyton [1997] 1 Lloyds Law Reports 628
1997

Mance J
Contract
Where a contract had apportioned a risk, it was not for the court to allow it to be re-opened: "If the buyers had made their proposal in terms, or on a basis, which amounted to an acceptance of risk on their part that the facts might turn out differently, then of course I would accept that they could not and should not be allowed to reopen the matter."
1 Citers


 
Libertas-Kommerz Gmb H re Johnson 1997 SC 191
1997


Contract
Intimation of the assignation to the debtor can be made either by the assignor or the assignee.
1 Citers


 
The Laconian Confidence [1997] 1 Lloyd's Rep 139
1997

Rix J
Transport, Contract
Charterers appealed against the decision of the arbitrator on the meaning of the phrase "any other cause". The performance of the contract had been interrupted by the intervention of the authorities in Chittagong. Held: The appeal failed. The arbitrators were correct to decide that the vessel was not off-hire. Rix J said: " In my judgment it is well established that those words, in the absence of 'whatsoever', should be construed either ejusdem generis or at any rate in some limited way reflecting the general context of the charter and clause . . A consideration of the named causes indicates that they all relate to the physical condition or efficiency of either vessel (including its crew) or, in one instance, cargo. There is, moreover, the general context . . that it is for the owners to provide an efficient ship and crew. In such circumstances it is to my mind natural to conclude that the unamended words 'any other cause' do not cover an entirely extraneous cause, like the boom in Court Line, or the interference of authorities unjustified by the condition (or reasonably suspected condition) of ship or cargo. Prima facie it does not seem to me that it can be intended by a standard off-hire clause that an owner takes the risk of delay due to the interference of authorities, at any rate where that interference is something beyond the natural or reasonably foreseeable consequence of some named cause. Where, however, the clause is amended to include the word 'whatsoever', I do not see why the interference of authorities which prevents the vessel performing its intended service should not be regarded as falling within the clause, and I would be inclined to say that that remains so whether or not that interference can be related to some underlying cause internal to the ship, or is merely capricious. That last thought may be controversial, but it seems to me that if an owner wishes to limit the scope of causes of off-hire under a clause which is deliberately amended to include the word 'whatsoever', then he should be cautious to do so."
In the absence of the word "whatsoever" in the clause, the unexpected and unforeseeable interference by the authorities at the conclusion of a normal discharge was: "a totally extraneous cause . . unconnected with, because too remote from, the merely background circumstance of the cargo residues of 15.75 tonnes. There was no accident to cargo, and there was nothing about the vessel herself, her condition or efficiency, nor even anything about the cargo, which led naturally or in the normal cause of events to any delay. If the authorities had not prevented the vessel from working, she would have been perfectly capable of discharging the residues or of sailing and dumping them without any abnormal delay."
1 Citers


 
Ferguson v Littlewoods Pools Ltd 1997 SLT 309
1997

Lord Coulsfield
Contract
The court reviewed a decision on the enforceability of gaming contracts. Held: Different considerations played a part in the development of the rules with different emphases in different cases. In some cases the ground of decision is that the parties cannot have intended that the transactions should have legal consequences. In others it was beneath the dignity of the court to enter into the question who won or lost a particular wager, and in others stress is put on the fact that such transactions do not have commercial significance, and it may be that, in some of those cases, a general disapproval of gaming or wagering can be detected.
1 Cites

1 Citers


 
Clark v BET plc [1997] IRLR 348
1997

Timothy Walker J
Contract, Employment
The court considered the assessment of damages in a wrongful dismissal case. Held: A simple discretion whether to award a bonus must not be exercised capriciously by an employer.
1 Citers


 
Tekem Sea Abyss Ltd v Brandston Ltd; 'The Ocean Enterprise' Unreported, 09 January 1997
9 Jan 1997
AdCt
Geoffrey Brice QC
Transport, Company, Contract
ComC Shipping - registration of ships - - no statutory power to expunge the register - inherent - sale of ship to company in which seller held interest - fiduciary duty - breach - voidable contract - classification as 'goods' - Sale of Goods Act 1979 - goods - passing of voidable title - good faith - knowledge of company Company - power of director to bind company - agency - actual and ostensible authority Company - goods - passing of voidable title - Sale of Goods Act 1979 section 23 - good faith - knowledge of company
Sale of Goods Act 1979 23 - Merchant Shipping Act 1995 10(2)(I)

 
United Dominions Trust Limited and TSB Bank Plc v Judah [1997] EWCA Civ 784
15 Jan 1997
CA

Contract

[ Bailii ]
 
Godden v Merthyr Tydfil Housing Association [1997] EWCA Civ 780; (1997) 74 P and CR D1
15 Jan 1997
CA
Simon Brown LJ
Land, Contract, Estoppel
The Plaintiff was a building contractor; the Defendant a housing association engaged in developing suitable sites for residential accommodation for letting to tenants. Before the contract the parties had successfully completed what was been called the Trelewis Development which followed, it is said, an oral arrangement. The plaintiff appealed a striking out of his claim on the basis that there was no enforceable contract under the 1989 Act. Held: The argument propounded would vitiate the 1989 Act. An estoppel should not be allowed to prevent the defendants arguing that no contract existed. In this case it would be inappropriate to allow an amendment to the pleadings in mid-appeal. Where all the obligations between the parties were integral to each other, part and parcel of a single scheme, section 2 applied to the transaction.
Discussing the Tootal Clothing case, Simon Brown LJ said: "However, nothing in that case – not even in Scott LJ's judgment, which went further than those of the other members of the Court and further indeed than was necessary to the decision- to my mind support the Appellant's claim to enforce any aspect of the present transaction, given (a) that no part of it whatsoever was in writing, and (b) central to the entire scheme was the ultimate transference of land from the Plaintiff to the Defendants."
Law of Property (Miscellaneous Provisions) Act 1989 2
1 Cites

1 Citers

[ Bailii ]
 
Digital Integration Limited v Software 2000 [1997] EWCA Civ 787
16 Jan 1997
CA
Butler-Sloss LJ, Peter Gibson LJ, Potter LJ
Contract
The parties had entered into a contract for the distribution of software by the plaintiff. The contract was terminated by the plaintiff and the defendant argued that this was in breach of the agreement, and that a sub-clause which apparently gave that right had to be read in context of neighbouring clauses which suggested that it could be terminated only on an anniversary of the contract. Held. The clauses were to be read together,
1 Cites

[ Bailii ]

 
 Midland Land Reclamation Ltd, Leicestershire County Council v Warren Energy Ltd; TCC 20-Jan-1997 - [1997] EWHC Technology 375
 
Simon Warren; Barbara Warren v James Wiemer and Christine Wiemer [1997] EWCA Civ 831
23 Jan 1997
CA

Land, Contract

1 Cites

[ Bailii ]
 
Timeplan Education Group Limited v National Union of Teachers and Rex Grierson Dunn [1997] EWCA Civ 832; [1997] 1RLR 457
23 Jan 1997
CA

Contract, Torts - Other, Damages
Damages were claimed for an alleged unlawful interference with contractual relations. Held: Ignorance of the terms of the contract did not suffice to show absence of intent to interfere with contractual relations.
1 Cites

1 Citers

[ Bailii ]
 
Capital Finance Limited (a Firm) v Sukhvinder Singh Bamrah [1997] EWCA Civ 850
27 Jan 1997
CA

Contract

[ Bailii ]
 
Forthright Finance Limited v Carlyle Finance Limited [1997] EWCA Civ 856
28 Jan 1997
CA

Contract

[ Bailii ]
 
Comdel Commodities Limited v Siporex Trade S a [1997] EWCA Civ 925; [1997] 1 Lloyd's Rep 424; [1997] 1 LLR 424
5 Feb 1997
CA
Butler-Sloss LJ, Peter Gibson LJ, Potter LJ
Arbitration, Jurisdiction, Contract
Comdel sought recovery of sums due under a performance bond. Held: Potter LJ discussed the authorities and said: "Those authorities are to the effect that it is implicit in the nature of a performance bond that, in the absence of some clear words to a different effect, when the bond is called, there will at some stage in the future be an 'accounting' between the parties to the contract of sale in the sense that their rights and obligations will finally be determined at some future date. The bond is a guarantee of due performance; it is not to be treated as representing a pre-estimate of the amount of damages to which the beneficiary may be entitled in respect of the breach of contract giving rise to the right to call for payment under the bond. If the amount of the bond is not enough to satisfy the seller's claim for damages, the buyer is liable to the seller for damages in excess of the amount of the bond. On the other hand, if the amount of the bond is more than enough to satisfy the seller's claim for damages, the buyer can recover from the seller the amount of the bond which exceeds the seller's damages.
It does not appear that there is anything in the words of the contracts of sale in this case to exclude the implication that there would at some stage be an 'accounting' between the parties in the sense that their rights and obligations would be finally determined at some future date."
1 Citers

[ Bailii ]
 
Savage v Hoddinot (Chief Constable of Hampshire) Times, 14 February 1997; [1997] EWCA Civ 943; [1997] 1 WLR 1061
6 Feb 1997
CA

Contract, Police
A police informer may abandon anonymity to sue police for promised fees.
1 Cites

1 Citers

[ Bailii ]

 
 Smith v Governor and Company of The Bank of Scotland; HL 6-Feb-1997 - Times, 23 June 1997; [1997] 2 FLR 862; 1997 SC (HL) 111; [1997] UKHL 26
 
Kristina Sheffield v Pickfords Limited and Pickfords Removals Limited Times, 17 March 1997; [1997] EWCA Civ 984
11 Feb 1997
CA
The Master Of The Rolls, (Lord Woolf), Lord Justice Thorpe, Sir Ralph Gibson
Contract, Consumer
The defendants had contracted to transport goods for the plaintiff. The goods had been left at empty premises and were damaged or stolen. The defendant sought to rely upon their clause excluding liability. Held: The reasonableness of a standard contract term was best pleaded by the proponent of it. "There is much to be said in favour of a requirement that when a contractor such as the defendants seeks to rely on a contractual exemption clause against a consumer, he must include in his pleading at least a general averment that the term relied upon satisfies the requirement of reasonableness." and "the effect of Section 11(5) is to place the onus squarely on the defendants to show that they satisfy the requirement of reasonableness when it is relevant for them to do so. "
Unfair Contract Terms Act 1977 11(5)
1 Citers

[ Bailii ]
 
Anglo Corporation Limited v Peacock Ag [1997] EWCA Civ 992
12 Feb 1997
CA

Contract, Trusts

[ Bailii ]
 
Bankers Trust Company v Namdar and Namdar [1997] EWCA Civ 1015
14 Feb 1997
CA
Peter Gibson LJ
Land, Contract
The bank sought repayment of its loan and possession of the defendants' property. The second defendant said that the charge had only her forged signature. Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and therefore does not remove the possibility of an argument based upon estoppel.
Law of Property (Miscellaneous Provisions) Act 1989 82
1 Cites

1 Citers


 
Euro Baltic Lines Ltd v The Owners of the Ship 'Kaliningrad' [1997] 2 Lloyds Rep 35
19 Feb 1997
AdCt
Rix J
Transport, Contract
ComC Shipping - inducement of breach of contract - justification - moral duty - quantum - cost of substituting alternative vessel


 
 British Sugar Plc v NEI Power Projects Ltd and Another; QBD 21-Feb-1997 - Times, 21 February 1997
 
MD Foods v Baines and others; Associated Dairies Ltd v Baines and Others [1997] 2 WLR 364; [1997] UKHL 7; [1997] AC 524; [1997] 1 All ER 833
27 Feb 1997
HL
Lord Goff of Chieveley, Lord Mustill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Clyde
Commercial, Contract
The appellant dairy sold milk to the defendant roundsmen, each agreeing not to sell milk by retail to the others customers. The defendant began to buy his milk elsewhere, and claimed the agreement should have been registered as a restrictive trade practice. Held: The agreement did not come within the first exemption from registration. The Act applies to agreements and arrangements, however made ("any agreement or arrangement"), and whether legally enforceable or not. Registerability should depend upon substance not form. The result should not be determined by asking whether the condition was a term of or a restriction in the agreement. The test for registration under the Act should be as simple and clear as possible. The court discussed the danger of of over-literal interpretation of the language of a statute: "Linguistic arguments of this character should be handled warily. They are a legitimate and useful aid in statutory interpretation, but they are no more than this. Sometimes a difference in language is revealing and therefore important, other times not. In the process of statutory interpretation there always comes a stage, before reaching a final decision, when one should stand back and view a suggested interpretation in the wider context of the scheme and purpose of the Act. After all, the object of the exercise is to elucidate the intention fairly and reasonably attributable to Parliament when using the language under consideration."
Restrictive Trade Practices Act 1976
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]

 
 Airey v Computer Services; CA 28-Feb-1997 - [1997] EWCA Civ 1129

 
 Emanuwa v National Lottery (Camelot); CA 28-Feb-1997 - [1997] EWCA Civ 1124
 
Bradford and Bingley Building Society v Hatchwell and Draper (a Firm) ; Whitehouse Gibson and Alton (a Firm) [1997] EWCA Civ 1142
3 Mar 1997
CA

Contract, Litigation Practice

[ Bailii ]
 
Mohammed Naheem v National Westminster Bank Plc [1997] EWCA Civ 1164
5 Mar 1997
CA

Banking, Contract

[ Bailii ]
 
Orion Finance Ltd v Heritable Finance Ltd [1997] EWCA Civ 3080
10 Mar 1997
CA

Contract

1 Cites

1 Citers

[ Bailii ]
 
Orion Finance Limited v Heritable Finance Limited [1997] EWCA Civ 1208
10 Mar 1997
CA

Contract

1 Cites

[ Bailii ]
 
Salehi-Vivant v Mander Hadley and Co [1997] EWCA Civ 1240
13 Mar 1997
CA

Contract

[ Bailii ]

 
 NM Financial Management Limited v Marshall; CA 13-Mar-1997 - [1997] EWCA Civ 1237; [1997] IRLR 449; [1997] 1 WLR 1527; [1997] ICR 1065
 
David Edwin Borley v Graham Hardwick Dodd [1997] EWCA Civ 1271
19 Mar 1997
CA

Contract, Limitation
Application for leave to appeal - claim statute barred.
[ Bailii ]

 
 Colin Facey Boats Limited v A Pank and Sons Limited and D J Whitmarsh; CA 21-Mar-1997 - [1997] EWCA Civ 1299
 
Grosvenor Clubs Limited v Rashed [1997] EWCA Civ 1326
25 Mar 1997
CA

Contract, Banking

Bills of Exchange Act 1882 46(2)
[ Bailii ]
 
Jennifer Wolfe v Christopher Marshall and William P Harding (Garnishee) [1997] EWCA Civ 1329
25 Mar 1997
CA

Contract

[ Bailii ]
 
North Sea Energy Holdings NV v Petroleum Authority of Thailand [1997] 2 Lloyds Rep 418
25 Mar 1997
ComC
Thomas J
Damages, Contract
ComC Damages - repudiation by buyer - need for seller claiming profits by reference to a specific supply contract to establish ability to obtain supply - claim to damages by reference to loss of profit on specific supply contract - whether supply contract extravagant or unusual bargain - alternative claim to damages by seller based on loss of profits that would normally arise
1 Citers


 
Sardar Tejendrasingh ex parte v Times Supplements Limited [1997] EWCA Civ 1338
25 Mar 1997
CA

Contract, Litigation Practice

[ Bailii ]
 
Leonard Edward Scruton v Codan Trust Company Limited [1997] EWCA Civ 1351
26 Mar 1997
CA

Contract

[ Bailii ]
 
Dewane-Khas (Caterers) Limited v K J Pittalis and Co [1997] EWCA Civ 1370
9 Apr 1997
CA

Contract

[ Bailii ]
 
Trevor Richard Brook v Simon J Southall (Trading As J Elliott Brook Southall and Co) [1997] EWCA Civ 1385
11 Apr 1997
CA

Contract
Construction of partnership contract as to apportionment of losses.
[ Bailii ]
 
Ajmer Singh Khangura v Avtar Kaur [1997] EWCA Civ 1412
16 Apr 1997
CA

Contract

[ Bailii ]
 
Georgian Maritime Corporation v Sealand Industries (Bermuda) Ltd [1997] 2 Lloyds Rep 324
18 Apr 1997
ComC
Mance J
Transport, Contract
ComC Time charterparty - proper construction - cancellation clause - cancellation – non-delivery
1 Citers



 
 Laceys Footwear (Wholesale) Ltd v Bowler International Freight Ltd and Another; CA 18-Apr-1997 - Times, 12 May 1997; [1997] 2 LL Rep 369; [1997] EWCA Civ 1454

 
 Airey v Computer Services; CA 18-Apr-1997 - [1997] EWCA Civ 1450
 
Georgian Maritime Corporation v Sealand Industries (Bermuda) Ltd [1997] EWHC 374 (Comm)
18 Apr 1997
ComC
Mance J
Contract, Transport
Appeal on proper construction of time charterparty.
[ Bailii ]
 
Manzanilla Limited v Corton Property and Investments Limited John Maciver (Southport) Limited Rootbrights Limited Halliwell Landau (a Firm) [1997] EWCA Civ 1492
23 Apr 1997
CA

Contract, Legal Professions


 
Comdisco United Kingdom Limited v Middlesbrough Borough Council [1997] EWCA Civ 1507
24 Apr 1997
CA

Contract

[ Bailii ]
 
Seaward v Roose [1997] EWCA Civ 1539
25 Apr 1997
CA

Contract

[ Bailii ]
 
Sargent v McMullen [1997] EWCA Civ 1558
29 Apr 1997
CA

Contract

[ Bailii ]
 
Spectra International Plc v Hayesoak Limited and others [1997] EWCA Civ 1579
30 Apr 1997
CA

Contract

[ Bailii ]
 
Kaisha v Green Cartridge Company (Hong Kong) Limited [1997] UKPC 19; [1997] AC 728
30 Apr 1997
PC
Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton
Contract, Intellectual Property
(Hong Kong) The claimants complained of the sale by the defendants of refilled cartridges for use with their printers. Held: The spare cartridge manufacturer's appeal failed: "repair is by definition something which does not amount to the manufacture of the patented article, it is not an infringement of the monopoly conferred by the patent. It cannot therefore be an unlawful act and needs no special licence to make it lawful, unless as part of a general implied licence to use the patented product at all, which is sometimes used to explain why mere user does not infringe the patentee's monopoly. But this is perhaps better regarded as a consequence of the exhaustion of the patentee's rights in respect of the particular article when it is sold. " The British Leyland case which supported the 'spares exception' seemed to be a judicial creation to what was a clear statutory monopoly. The extension of such an exception to printer cartridges which were required in order to keep a machine running was too far: "once one departs from the case in which the unfairness to the customer and the anticompetitive nature of the monopoly is as plain and obvious as it appeared to the House of Lords in British Leyland, the jurisprudential and economic basis for the doctrine becomes extremely fragile. " and "the features of unfairness and abuse of monopoly power which underlay the decision in British Leyland cannot be said to be plainly and obviously present in this case. The analogy with repair is not strong enough to bring the case within the exceptional doctrine which the House of Lords propounded. "
1 Cites

1 Citers

[ Bailii ]
 
'Red Sea Tankers' [1997] 2 Lloyd's Rep. 547
30 Apr 1997
ComC
Mance J
Contract
Shipping - acquisition of ship - recommendation - duty in contract - negligent recommendation - duty of care - tort - duty in contract - duty in tort - contributory negligence - – obiter
Civil Liability (Contribution) Act 1978

 
Charterhouse Clinical Research Unit Limited v Advisory Services (Clinical and General) Ltd [1997] EWCA Civ 1608
2 May 1997
CA

Contract

[ Bailii ]
 
Marina May Reed v Derek Raymond Price [1997] EWCA Civ 1648
8 May 1997
CA

Contract

[ Bailii ]
 
Bayley v Steve Platt Commercials [1997] EWCA Civ 1676
12 May 1997
CA

Contract

[ Bailii ]
 
Automobile Buyers Services Limited v D H Bell T A Kirby Hill Motors [1997] EWCA Civ 1686
14 May 1997
CA

Contract

[ Bailii ]
 
Forthright Finance Limited v Maisie Olive Ingate v Carlyle Finance Limited [1997] EWCA Civ 1687
14 May 1997
CA

Contract

[ Bailii ]
 
Stanley Smith and Beryl Smith v and Rawlins (T/a Torbay Water Gardens) [1997] EWCA Civ 1712
15 May 1997
CA

Contract

[ Bailii ]
 
Bank of Scotland v Dunedin Property Investment Co Ltd Times, 16 May 1997; 1998 SC 657
16 May 1997
OHCS

Financial Services, Contract, Scotland
The cost of an interest rate swap brokerage agreement was not covered by an indemnity against 'all costs charges and expenses incurred'.
1 Cites

1 Citers



 
 Mannai Investment Co Ltd v Eagle Star Assurance; HL 21-May-1997 - Times, 26 May 1997; [1997] 2 WLR 945; [1997] UKHL 19; [1997] AC 749; [1997] 3 All ER 352; [1997] 24 EG 122

 
 Economides v Commercial Union Assurance Co Plc; CA 22-May-1997 - Times, 27 June 1997; [1997] EWCA Civ 1754; [1998] QB 587
 
Amoco (UK) Exploration Company and Others v Teesside Gas Transportation Ltd; etc Unreported 29 May 1997
29 May 1997
ComC
Langley J
Contract
Long term contracts for sale and transportation of natural gas from the North Sea - construction. Validity to make, take or pay and send or vary payments

 
Time Products (UK) Ltd v Naidoo (T/a Articles of Time) [1997] EWCA Civ 1813
6 Jun 1997
CA

Contract

[ Bailii ]
 
Hotel Services Ltd v Hilton International Hotels (Uk) Ltd [1997] EWCA Civ 1822
10 Jun 1997
CA

Contract

[ Bailii ]
 
Bamber v Cooney [1997] EWCA Civ 1842
11 Jun 1997
CA

Contract, Banking

[ Bailii ]
 
Julian Hodge Bank Ltd v Malcolm John Hall [1997] EWCA Civ 1852
12 Jun 1997
CA

Contract, Consumer

Consumer Credit Act 1974 90(1)(b)
[ Bailii ]
 
Saga Holidays Ltd; Saga Group Ltd v P and O Cruises Ltd; P and O Cruises (Uk) Ltd; Peninsular and Oriental Steam Navigation Company (Incorporated In England By Royal Charter) (Together Trading As P and O Cruises) [1997] EWCA Civ 1869
13 Jun 1997
CA

Contract

[ Bailii ]
 
L C Dudney and S R Dudney v A E Bushell [1997] EWCA Civ 1875
16 Jun 1997
CA

Contract, Land, Damages

[ Bailii ]
 
Savino v Oates [1997] EWCA Ci; [1997] EWCA Civ 1895
18 Jun 1997
CA
Lord Justice Auld Lord Justice Pill
Contract, Litigation Practice
The applicant had employed the defendant. He paid them in cash, and they were also paid by the Legal Aid Board. The defendant counter-claimed for other unpaid fees. The district judge had, as arbitrator, found for the defendant. Held: despite misgivings, the issues were ones of fact on which the appeal court could not rule.
County Court Rules 1981 Order 19, rule 9
[ Bailii ]

 
 Kleinwort Benson Limited v City of Glasgow District Council; HL 19-Jun-1997 - Gazette, 19 November 1997; Times, 31 October 1997; [1997] UKHL 43; [1999] 1 AC 153; [1997] 4 All ER 641; [1997] 3 WLR 923

 
 Investors Compensation Scheme Ltd v West Bromwich Building Society; HL 19-Jun-1997 - Times, 24 June 1997; [1997] UKHL 28; [1998] 1 All ER 98; [1998] 1 WLR 896; [1998] AC 896
 
National Commercial Bank of Saudi Arabia v Dampskibsselskabet Af 1912 Aktieselskab and Anr [1997] EWCA Civ 1923
20 Jun 1997
CA

Contract, Transport

[ Bailii ]
 
Waters and Another v Veals Lawnmower Services and Another [1997] EWCA Civ 1970
25 Jun 1997
CA

Contract, Litigation Practice

[ Bailii ]
 
Mohammed Saeed Mohammed Abdul Qayyum v Channel Estates Limited Sadhu Singh Jassal Singh and Garland-Wells [1997] EWCA Civ 1964
25 Jun 1997
CA

Professional Negligence, Contract

[ Bailii ]
 
WRM Group Limited (Formerly Known As WRM Logistics Limited) v Wood, Burcher, Wood, Chick, Irving [1997] EWCA Civ 2025
3 Jul 1997
CA
Millett LJ, Sir Brian Neill
Company, Contract
Expedited application for a stay of execution on a judgment on a counterclaim.
1 Citers

[ Bailii ]
 
Waheed Ullah Khan Shirwany v BIP Plastics Limited; T and N Plc (Sued As Turner and Newall Plc) [1997] EWCA Civ 2024
3 Jul 1997
CA

Contract

[ Bailii ]

 
 Zockoll Group Limited v Mercury Communications Limited; CA 8-Jul-1997 - [1998] FSR 354; [1997] EWCA Civ 2053
 
Tony Mekwin MTV (and Co) v National Westminster Bank Plc [1997] EWCA Civ 2074
9 Jul 1997
CA

Contract, Banking
The claimant sought damages after his mastercard was wrongly retained by a suspicious petrol station attendant acting upon the instructions of the defendant. Held: There was no liability. The claimant was understanadbly upset but he had suffered no loss, and the card itself was the property of the Bank.
[ Bailii ]
 
K Barrett v K A L Lawrence [1997] EWCA Civ 2069
9 Jul 1997
CA

Contract

[ Bailii ]
 
K Barrett v K A L Lawrence [1997] EWCA Civ 2068
9 Jul 1997
CA

Contract

[ Bailii ]
 
Mercier v Clark and Walker Limited [1997] EWCA Civ 2056
9 Jul 1997
CA

Contract, Litigation Practice
The claimant sought leave to appeal. After their car had been repaired, there was a dispute, and they stopped their cheque. Proceedings were taken, and they lost. Eventually the garage obtained an order for the sale of the car. Mrs Mercier made an interpleader asserting the car was hers. She sought leave to appeal the failure of that application. Leave was refused.

 
National Bank of Sharjah v Dellborg and Others [1997] EWCA Civ 2070
9 Jul 1997
CA
Saville LJ, Judge LJ
Contract
The parties disputed the meaning of a Tomlin order to which they had agreed. Held: Saville LJ said "if the circumstances surrounding the making of the agreement showed to a reasonable man that to read paragraph 8 as covering only the amounts actually credited to the deposit accounts would produce a result which the parties clearly could not have intended, the court would (notwithstanding the meaning which the words bear as a matter of ordinary language) interpret the paragraph so as to accord with what a reasonable man, knowing of those circumstances, would understand it to mean. This is said to be justified on the basis that to do otherwise would result in the court interpreting the agreement in a way which, in the light of the surrounding circumstances, simply offended common sense." However: "where the words the parties have chosen to use have only one meaning, and that meaning (bearing in mind the aim or purpose of the agreement) is not self evidently nonsensical, the law should take that to be their intended agreement, and should not allow the surrounding circumstances to override what ( ex hypothesi ) is clear and obvious. This would enable all to know where they stand without the need for further investigations; and for the court to provide the answer, where the point is contested, without undue delay or expense. "
1 Cites

1 Citers

[ Bailii ]
 
National Bank of Sharjah v Dellborg and others [1997] EWCA Civ 2070
9 Jul 1997
CA
Saville LJ
Contract
The court expressed doubts about having recourse to surrounding circumstances where the meaning of a contract is clear, but nevertheless admitted such evidence in this case.
1 Cites

1 Citers

[ Bailii ]
 
King v Jackson (T/a Jackson Flower Company) [1997] EWCA Civ 2118; [1998] 1 EGLR 30
16 Jul 1997
CA

Land, Contract, Landlord and Tenant, Damages
The defendant appealed an award of £11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of the property and the tenanted value of the property. Held: The court took account of an oral agreement to surrender an assured shorthold tenancy, relied on by the landlord, in assessing damages for unlawful eviction. "The valuation under section 28(1)(a) of the Housing Act 1988 must include a valuation of the occupier’s “right to occupy” immediately before the unlawful eviction. That is necessarily based upon an analysis of her right, whatever her intention on that day may have been."
Law of Property (Miscellaneous Provisions) Act 1989 2 - Housing Act 1988 27 28
1 Cites

1 Citers

[ Bailii ]
 
Elvis Costello Limited v Bruce Thomas [1997] EWCA Civ 2112
16 Jul 1997
CA

Contract, Insolvency

[ Bailii ]
 
Dale Farm Dairy Group Ltd Trading As Northern Dairies v M Akram; C P Akram; David Ian Tinker and Clifford Tinker Trading As Holme Valley Farm [1997] EWCA Civ 2125
17 Jul 1997
CA

Contract, Commercial

[ Bailii ]
 
Orion Finance Ltd v Jd Williams and Company Ltd [1997] EWCA Civ 1
22 Jul 1997
CA

Contract

[ Bailii ]
 
Woodard Schools (Midlands Division) Ltd v S R Vine [1997] EWCA Civ 2188
24 Jul 1997
CA

Contract
Whether sufficient notice had been given to terminate a school contract.
[ Bailii ]
 
Earlmont Limited v Marshall Cavendish Partworks Limited [1997] EWCA Civ 2194
25 Jul 1997
CA

Contract

[ Bailii ]
 
Laing Management Ltd and Another v Aegon Insurance Company (UK) Ltd [1997] EWHC QB 374; 55 Con LR 1; [1996] 86 BLR 70
29 Jul 1997
QBD
Humphrey LLoyd QC HJ
Construction, Contract

[ Bailii ]
 
Wire TV Limited v Cabletel (UK) Limited [1997] EWCA Civ 2251; [1998] CLC 244
30 Jul 1997
CA
Lightman J
Contract
When construing an agreement which is not a sham, the court should recognise that the parties might have a choice as to how a contract is structured and pay appropriate respect to the structure adopted by the parties.
1 Citers

[ Bailii ]
 
W W Greener (Sporting Guns) Limited v David Lloyd Thomas (2) [1997] EWCA Civ 2250
30 Jul 1997
CA

Contract

[ Bailii ]
 
Society of Lloyd's v Leighs; Lyon and Wilkinson and Canadian Names Intervenors [1997] CLC 1398; [1997] 6 Re LR 289; Times, 11 August 1997; Independent, 06 October 1997; [1997] EWCA Civ 2283
31 Jul 1997
CA

Insurance, Contract

1 Cites

1 Citers

[ Bailii ]
 
Navigas Ltd of Gibraltar v Enron Liquid Fuels Inc [1997] 2 Lloyd's Rep. 759
11 Aug 1997
ComC
Colman J
Contract
Standard terms of third party supplies incorporated by general reference; whether term for inspection for quality and quantity at the loading port incorporated, whether time bar incorporated, whether term in respect of procedure for making claims incorporated. Whether inspection term was a conclusive evidence clause 1.


 
 Rudra v National and Provincial Building Society; Stickley and Kent (Risk Management Unit) Ltd; CA 22-Aug-1997 - [1997] EWCA Civ 2310
 
Zockoll Group Ltd v Mercury Communications Limited [1998] 1 FSR 354; [1997] EWCA Civ 2317
27 Aug 1997
CA
Simon Brown, Philips LJJ
Contract

1 Cites

[ Bailii ]
 
Davies Middleton and Davies Ltd v Toyo Engineering Corporation [1997] EWCA Civ 2318
29 Aug 1997
CA

Arbitration, Contract
Parties to a dispute agreed a way of resolving issues before arbitration. One party then sought to say that the agreement was void for uncertainty, being an agreement to agree. Held: The agreement merely set a mechansim for resolving the dispute and was valid.
Arbitration Act 1996 9
1 Cites

[ Bailii ]
 
Energoproject Holding Company and Others v Lloyds Bank Plc and Others Unreported, 1 September 1997
1 Sep 1997
ComC
Tuckey J
Contract
ComC Termination; Estoppel/Manner, Validity of Notice of Termination. The contract under which Plaintiffs' promissory notes had been held by a bank and been validly terminated. The Plaintiffs were not estopped from relying on breach in order to terminate.

 
Atari Corporation (UK) Ltd v Electronics Boutique (UK) Ltd Gazette, 03 September 1997
3 Sep 1997
CA

Contract
A letter notifying the return of goods purchased on a sale or return basis need not specify the goods in precise detail. There was no requirement that the goods be then ready for collection.

 
Rooks Rider (a Firm) v Robert A W Thorogood [1997] EWCA Civ 2341
11 Sep 1997
CA

Legal Professions, Contract

[ Bailii ]
 
Deepak Fertilisers and Petrochemicals Corporationv ICI Chemicals and Polymers Ltd and Another [1998] 2 Lloyd's Rep. 139
30 Sep 1997
ComC
Rix J
Contract
Trial of preliminary issue - Negligent Misrepresentation - Breach of Collateral Warranties - Breach of duty of care - Breach of contract (Davy Mckee only).
1 Cites

1 Citers


 
Lukoil-Kaliningradmorneft Plc v Tata Ltd and Another [1999] 1 Lloyd's Rep 365
1 Oct 1997
ComC
Toulson J
Contract
ComC Contract of towage - whether hirer had actual or apparent authority to contract on behalf of owner - whether contract of towage involved bailment - whether tug owners entitled to rely on contractual lien against owner.
1 Citers


 
International Distillers and Vintners (UK) Limited v Imperial Cash and Carry Limited [1997] EWCA Civ 2389
2 Oct 1997
CA

Contract

[ Bailii ]
 
Electro Hydraulic Technology Limited v Husco International Inc and Husco International Limited [1998] 1 All ER 403; [1997] EWCA Civ 2409
3 Oct 1997
CA
Kennedy, Potter, Mance LJJ
Contract
The parties were in dispute as to an agreement relating to the development and exploitation of an electronically controlled high-performance valve known as a Linear Motor Valve, for use in hydraulic suspension systems in the automotive industry.
[ Bailii ]
 
Di Luca v Juraise (Springs) Limited; Amess and Amess [1997] EWCA Civ 2419; [1998] 2 EGLR 125
6 Oct 1997
CA
Nourse LJ
Landlord and Tenant, Contract
In regard to options for the purchase of land, time constraints are of the essence. An option is not a contract but an irrevocable offer that matures into a bilateral contract upon due exercise of the option during the option term
1 Cites

[ Bailii ]
 
Miriam Soloman v IGW Services Limited [1997] EWCA Civ 2434
7 Oct 1997
CA

Contract

Sale of Goods Act 1979 14
[ Bailii ]
 
Broard and others v Thompson Medical Company Ltd [1997] EWCA Civ 2428
7 Oct 1997
CA

Contract

[ Bailii ]
 
British Sugar Plc v NEI Power Projects Limited and Anr [1997] EWCA Civ 2438; (1997) 87 BLR 45
8 Oct 1997
CA
Evans LJ, Aldous LJ, Waller LJ
Damages, Contract
The plaintiffs contracted for the delivery and installation of equipment by the defendant. After delays and defects the claimants sought damages. The defendants said that the contract provided that any liabiity for consequential losses was to be limited to the value of the contract. Held: The appeal failed. The cases had already settled the meaning of the phrase 'consequential loss' and "once a phrase has been authoritatively construed by a court in a very similar context to that which exists in the case in point, it seems to me that a reasonable businessman must more naturally be taken to be having the intention that the phrase should bear the same meaning as construed in the case in point. It would again take very clear words to allow a court to construe the phrase differently." In this case: "the parties simply agreed to limit the defendants' liability for loss and damage not directly and naturally resulting from the defendants' breach of contract to an amount equal to the value of the contract. "
1 Cites

1 Citers

[ Bailii ]
 
Solomon Kassam v Chartered Trust Plc [1997] EWCA Civ 2454
9 Oct 1997
CA

Contract

[ Bailii ]
 
Millett v Stanley Works Ltd [1997] EWCA Civ 2469
13 Oct 1997
CA

Contract

[ Bailii ]

 
 Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others; HL 16-Oct-1997 - Times, 20 December 1997; [1997] UKHL 55
 
Desmond Spence v Stephen Ernest Brown (T/a Hanwell Car Centre) [1997] EWCA Civ 2538
21 Oct 1997
CA

Contract
The applicant was refused permission to appeal because his application was based upon a challenge to the facts as found by the judge.
[ Bailii ]
 
Bradford and Bingley Building Society v Latif [1997] EWCA Civ 2536
21 Oct 1997
CA

Contract
The Soceiety had taken possession proceedings and now sought to recover a shortfall after sale of the property. The defendant wanted time to appeal on the basis that the society had failed to take reasonable care to obtain the best price.
Building Societies Act 1986
[ Bailii ]
 
Clarke and Clarke v O'Keefe and O'Keefe [1997] EWCA Civ 2539; (1997) 80 PandCR 126
21 Oct 1997
CA
Peter Gibson LJ
Land, Contract
The plaintiff had bought from the vendor a piece of land, bordering a field retained by him. The conveyance plan showed a vegetation boundary with a dotted line, but its precise position on the ground was unclear to them both. Accordingly, they went out together and staked out the boundary. A subsequent purchaser of the field sought to challenge the agreed line, on the basis that it conflicted with the plan attached to the conveyance. Held: The argument was rejected. Peter Gibson LJ: "I have to say that it would seem to me to be somewhat absurd, in a case where there is no verbal description of the land such as would serve to identify its boundary accurately and where the plan is imprecise in showing the boundary as following a vegetation line in 1977, and where both vendor and purchasers agree its exact position, if the court were then to shut its eyes to evidence of what they agreed was the true boundary."
1 Cites

1 Citers

[ Bailii ]
 
Copthorne Hotel (Newcastle) Ltd v Arup Associates and others Bovis Construction Ltd v Co-Operative Wholesale Society Ltd [1997] EWCA Civ 2546
22 Oct 1997
CA

Construction, Contract

[ Bailii ]
 
Dana Commercial Credit Limited (T/a Mercury Assist) v A A Wiseman (Male) (T/a Tavern Garage) and Pure Telecommunications Ltd [1997] EWCA Civ 2593
29 Oct 1997
CA

Contract, Torts - Other

[ Bailii ]

 
 Ashtiani v Kashi; CA 30-Oct-1997 - [1997] EWCA Civ 2605
 
Madden v UDC Finance Limited and others [1997] UKPC 52
30 Oct 1997
PC
Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Hoffmann, Lord Saville, Mr Justice Gault
Commonwealth, Company, Contract
(New Zealand) The company issued a debenture to secure the funds for the purchase of machinery, but the debenture was not at first dated. It was submitted that the addition of the dates changed the nature of the loan and was ineffective being insufficiently evidenced in writing. Held: The insertion of the dates was a matter of pure form and was not a material alteration invalidating the charge. The guarantor alleged that since he had not consented to the sale of the equipment he was discharged from his guarantee. That argument failed from a proper construction of the agreement.
1 Citers

[ Bailii ]
 
Heavy Metals Trading Bv v Raycrest Developments Ltd and Others; Jesse Penfold; Raymond Fountain and Terence Fountain [1997] EWCA Civ 2619
31 Oct 1997
CA

Contract

[ Bailii ]
 
Bem Dis A Turk Ticaret S/A Tr v International Agri Co Ltd; "SELDA" [1998] 1 Lloyd's Rep 416; Times, 13 December 1997
31 Oct 1997
ComC
Clarke J
Contract, Arbitration
The seller had repudiated a C&F contract containing a GAFTA default clause, which did not include any provision allowing the recovery of expenses occasioned by the breach. The buyers made no claim for damages based on the difference between the contract price and the market price or value, presumably because the market had moved in their favour since the original contract was made. They claimed only the expenses occasioned by the repudiation. They recovered them from the arbitrators Held: The arbitrator's award was affirmed. At common law the buyer's remedy for failure to perform a contract of sale of goods is to claim damages for non-delivery. Where there was an available market, the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered. Held:
Arbitration appeal from Gafta. Construction of default clause 28 in Gafta - Form 100.
1 Cites

1 Citers


 
Binning Bros Limited (In Liquidation) v Thomas Eggar Verrall Bowles (a Firm) [1997] EWCA Civ 2688
11 Nov 1997
CA

Trusts, Limitation, Contract

1 Cites

[ Bailii ]
 
Firstcity Insurance Group Limited and Firstcity Insurance Brokers Limited v Frizzell Group Limited [1997] EWCA Civ 2719
14 Nov 1997
CA
Butler-Sloss, Morrit, Ward LJJ
Landlord and Tenant, Contract

[ Bailii ]

 
 Airey v Computer Services; CA 14-Nov-1997 - [1997] EWCA Civ 2724

 
 Total Transport Corporation v Arcadia Petroleum Ltd ('the Eurus'); CA 18-Nov-1997 - Times, 16 December 1997; Gazette, 08 January 1998; [1997] EWCA Civ 2754; [1998] 1 Lloyds Rep 351; [1998] CLC 90
 
LPG Shipping Limited v Worldwide Panama Shipping Inc [1997] EWCA Civ 2747
18 Nov 1997
CA

Transport, Contract

[ Bailii ]

 
 Scottish Power Plc v Britoil (Exploration) Limited Lasmo (Tms) Limited Moc Exploration (Uk) Limited Clyde Petroleum (Andrew) Limited Talisman North Sea Limited; CA 18-Nov-1997 - Gazette, 10 December 1997; Times, 02 December 1997; [1997] EWCA Civ 2752
 
Beatrice Dias v Lettings Professional [1997] EWCA Civ 2739
18 Nov 1997
CA

Contract

1 Citers

[ Bailii ]
 
Leslie Wilmot and Julie Wilmot v P Howell (T/a P H Heating) [1997] EWCA Civ 2764
19 Nov 1997
CA

Contract

[ Bailii ]
 
Cargill International Sa, Geneva Branch Cargill (Hk) Limited v Bangladesh Sugar and Food Industries Corporation Times, 10 December 1997; [1997] EWCA Civ 2757
19 Nov 1997
CA

Contract
Bond money which had been paid under a performance bond was repayable where there was a real breach of contract but no loss had suffered.
[ Bailii ]
 
Baggs v Hampshire Technology Organisation Limited; M Gilbert (Greenford) Limited; Watt and Prolog Systems Limited [1997] EWCA Civ 2773
20 Nov 1997
CA

Contract

[ Bailii ]
 
WRM Group Limited (Formerly Known As WRM Logistics Limited) v Wood; Burcher; Wood; Chick and Irving [1997] EWCA Civ 2802; [1998] CLC 189
21 Nov 1997
CA
Morritt LJ, Buxton LJ
Company, Contract
Breach of share sale agreement.
1 Cites

1 Citers


 
Lombard Tricity Finance v Maples Stores Plc (In Administrative Receivership) Ra Powdrill Ap Peters [1997] EWCA Civ 2792
21 Nov 1997
CA

Contract, Insolvency

Consumer Credit Act 1968 75

 
Classic Automobiles of London v Aura Holdings Inc, Mayfayre Associates Limited, Minesh Patel; Classic Automobiles of London v Brown (T/a Hanwell Car Centre Ltd, Woolhouse (T/a Lodge Motor Co), Camberley Marine and Sports Car Ltd [1997] EWCA Civ 2834
27 Nov 1997
CA

Contract
Dispute as to date of passing of title to two Rolls Royce cars.
[ Bailii ]
 
Strathford East Kilbride Ltd v Film Design Ltd Times, 01 December 1997
1 Dec 1997
OHCS

Contract
Without an averment by the tenants, architects owed no duty under a contract to the eventual tenant of property for financial losses.

 
Ranjit Kumar Sen-Gupta v Diljit Rai Vijh and Mohammed Gulham Rahman [1997] EWCA Civ 2893
3 Dec 1997
CA

Contract

[ Bailii ]
 
James Howden and Co Ltd v Taylow Woodrow Property Co Ltd Times, 08 December 1997
8 Dec 1997
OHCS

Contract
Wrong advice by lawyer as to a right of rescission by another party did not constitute waiver of right to rescind. Scots law different.

 
Barrie Jones v CLC Group Limited [1997] EWCA Civ 2943
10 Dec 1997
CA

Employment, Contract
Application for leave to appeal.
[ Bailii ]
 
Hughes, Feuell v Sargant, Nockolds (a Firm); Devonald-Locke and Campbell-Gray [1997] EWCA Civ 2990
15 Dec 1997
CA

Contract
Renewed application for leave to appeal against order striking out claim against first defendant. The defendant had sold a new house to the plaintif, but the planning permission did not match the building regulations approval, leaving an extension unlawful. Held. The contract could be read to imply a warranty by the defendant seller in this point.
[ Bailii ]
 
Total Gas Marketing Limited v Arco British Limited; Atlantic Richfield Oil and Gas (St James) Limited and Talisman North Sea Limited [1997] EWCA Civ 3016
16 Dec 1997
CA

Contract
The court was asked whether a condition to which a contract for the sale and purchase of North Sea gas was expressed to be subject, but for whose fulfilment no time was fixed, had necessarily to be fulfilled before the date fixed for the first delivery of the gas. The condition was that the seller should become party to an "allocation agreement", being an agreement with third parties without which it was impracticable for the gas to be delivered.
[ Bailii ]
 
Global Container Lines Limited v State Black Sea Shipping Company; Amber Seatrade SA and Clifton Navigation SA [1997] EWCA Civ 3007; [1999] 1 Lloyd's Rep. 127
16 Dec 1997
CA

Contract

1 Cites

1 Citers

[ Bailii ]
 
Royscot Trust Plc v Alan Britton and Shirley Britton [1997] EWCA Civ 3048
18 Dec 1997
CA

Contract, Financial Services

[ Bailii ]
 
Jones and Another v Welsh Rugby Football Union; Same v Pugh (For and On Behalf of Welsh RFU) Times, 06 January 1998; [1997] EWCA Civ 3066
19 Dec 1997
CA

Natural Justice, Contract
Disciplinary proceedings against a sportsman which had been set aside for him having received an unfair hearing, may be re-instated once the defects in the procedure were remedied.
1 Cites

[ Bailii ]
 
Den Danske Bank A/S and Others v The Skipton Building Society and Others [1998] 1 EGLR 140
19 Dec 1997
ComC
Thomas J
Insurance, Contract
ComC Insurance - Mortgage guarantee insurance - condition as to compliance with lending criteria - consequences of failure to comply. Master Mortgage guarantee insurance policy - whether term warranty descriptive of the risk or condition precedent or other term. Recovery of claims paid - mistake. Obligation to sue negligent professionals Contract - Penalty clause Contributory negligence- applicability of Law Reform Act 1945 to claim for breach of contractual duty of care. Negligence - Securitisation - title of banks buying bonus to sue agent who effected the loans for transfer.

 
Westacre Investments Inc v Jugoimport-SDPR Holding Co Ltd [1999] QB 740; [1998] 3 WLR 770; [1998] 4 All ER 570; [1998] 2 Lloyd's Rep 111; [1998] CLC 409
19 Dec 1997
ComC
Colman J
Contract
There was a consultancy agreement, under which it was said to be contemplated or intended (or both) that the plaintiffs would bribe Kuwaiti officials in order to obtain contracts for the purchase of military equipment. The contract was governed by Swiss law and provided for arbitration by the International Chamber of Commerce in Geneva. The arbitration panel held by a majority that the underlying contract was not, in law and in fact, illegal. A Swiss court upheld the award. Held: The court set out six principles. Three concerned whether an arbitrator has jurisdiction to decide whether the underlying contract is affected by illegality. Principle (iii) was that it "Depends upon whether the nature of the illegality is such that, in the case of statutory illegality the statute has the effect of impeaching that agreement as well as the underlying contract, and, in the case of illegality at common law, public policy requires that disputes about the underlying contract should not be referred to arbitration." and "If the issue before the arbitrators was whether money was due under a contract which was indisputably illegal at common law, an award in favour of the claimant would not be enforced for it would be contrary to public policy that the arbitrator should be entitled to ignore palpable and undisputed illegality."
1 Cites

1 Citers


 
MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) v Lehman Brothers International (Europe) Times, 14 January 1998; Gazette, 04 February 1998; [1997] EWCA Civ 3068; [1998] 4 All ER 675; [1998] 2 BCLC 659
19 Dec 1997
CA
Mummery LJ
Equity, Contract
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights conferred a status to sue in conversion, or that the holding was obiter.
Mummery LJ said: "There was no valid reason for Macmillan not joining LB as a defendant to the first action, so that all claims in relation to the title to the Berlitz shares could be decided in the same action and bind all interested parties . . it is an abuse of the process of the court to bring [the action] against LB: the substantial issue raised in it (i.e. the title to the Berlitz shares) has already been decided, on both law and fact, in the first action in circumstances which preclude the parties in this action from attempting to litigate that issue again."
1 Cites

1 Citers

[ Bailii ]
 
Rafsanjan Pistachio Producers Co-operative v Kauffmans Ltd Independent, 12 January 1998
19 Dec 1997
ComC
Rix J
Contract
Pistachio nuts. Agreement for new crop goods at price to be agreed - whether binding contract - whether price agreed - whether repudiation by false assertions of agreement - quantum.

 
Total Gas Marketing Ltd v Arco British Ltd and Others Times, 22 December 1997; Gazette, 04 February 1998
22 Dec 1997
CA

Contract
Contract for purchase of North Sea Oil and gas was ended, and not just suspended, when condition had not been not fulfilled when the contract started.

 
Ispahani v Bank Melli Iran Times, 29 December 1997
29 Dec 1997
CA

Contract
English court will not enforce here a contract performed abroad illegal where performed, nor English contract designed to avoid foreign laws.
Bretton Woods Agreements Order in Council 1946 No 36

 
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