“… on by Mr Reade before us, though not before the Judge, which is arguably relevant to both the “could” and the “should” questions. Crane v Hegeman-HarrisCo Inc [1939] 4 All ER 68 concerned a dispute about remuneration between an architect and a building contractor. The dispute was referred to arbitration. The arbitration proceeded on th…”
“…On appeal in Crane v Hegeman-Harris CoInc [1939] 4 All ER 68, the Court of Appeal expressed its agreement with the judgment of Simonds J on the question of rectification, although there does not appear to have been any a…”
“…ntially arose in Joscelyne v Nissen [1970] 2 QB 86, 98-99, as to whether the Court of Appeal was bound by its previous decision in Crane v Hegeman-Harris CoInc [1939] 4 All ER 68 which approved the analysis of Simonds J, but did so in circumstances where the correctness of that analysis had not been disputed. On the question whether a b…”