Royal Boskalis Westminster NV and others v Mountain and others: CA 28 Feb 1997

Effect of illegality on a contract.
Held: Reversed
Stuart-Smith LJ
[1997] EWCA Civ 1140, [1999] QB 674, [1998] 2 WLR 538, [1997] 2 All ER 929, [1997] LRLR 523
Bailii
England and Wales
Citing:
At ComCRoyal Boskalis Westminster NV and Ors v Trevor Rex Mountain and Others ComC 18-Dec-1995
Marine insurance – assured – revocation of notice abandonment – before or after commencement of action – effect : Marine insurance – assured – declaration of intention not to make claim for total loss – recovery of property – effect : Marine . .
CitedSt John Shipping Corporation v Joseph Rank Limited 1956
The defendants held a bill of lading for part of the cargo carried on the plaintiffs’ vessel from Mobile, Alabama, to Birkenhead. The vessel was over laden and the plaintiffs were guilty of an offence under the 1932 Act. The defendants relied on the . .
CitedArchbolds (Freightage) Ltd v S Spanglett Ltd (Randall, third party) CA 1961
The court considered the effect of illegality on a contract. Devlin LJ said: ‘The effect of illegality on a contract may be threefold. If at the time of making the contract there is an intent to perform it in an unlawful way, the contract, although . .

Cited by:
CitedAbner Soleimany v Sion Soleimany CA 4-Mar-1998
The parties were Iranian Jews, father and son. The son arranged to export carpets from Iran in contravention of Iranian law. The father and son fell into dispute about their contracts and arranged for the issues to be resolved by the Beth Din . .
CitedVersloot Dredging Bv and Another v Hdi Gerling Industrie Versicherung Ag and Others SC 20-Jul-2016
The ‘DC MERWESTONE’ suffered a water ingress of water flooding the engine room. This resulted from (i) the negligence of the crew in failing to close the sea inlet valve of the emergency fire pump and drain down the system, after they had used the . .

These lists may be incomplete.
Updated: 20 April 2021; Ref: scu.141536