- Overruled — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…tract nor is it one which seeks indirectly to enforce an ultra vires contract. This is clearly the effect of the decision of the House of Lords in Westdeutsche [1996] AC 669, overruling the reasoning in its own earlier decision in Sinclair v Brougham [1914] AC 398. This was explained by Aikens LJ in [62]-[88] of his judgment in Hau…”
- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…s not indirectly enforce an ultra vires contract, for the reasons given by Lord Goff in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669, 688G-H. Moreover, I respectfully agree with him that any such restitutionary claim must be subject, where appropriate, to any available restitutionary defence…”
- Cited — Granville Technology Group Limited (in liquidation) & Ors v LG Display Co Limited & Anor 2023-08-16
“…dge added that this reasoning was consistent with the approach of the House of Lords in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669.…”
- Cited — Granville Technology Group Limited (in liquidation) & Ors v LG Display Co Limited & Anor 2023-08-16
“…ed the equitable jurisdiction as limited to the two “special cases” to which he referred. This was the view of a majority of the House of Lords in Westdeutsche [1996] AC 669 (Lord Browne-Wilkinson at 702D, Lord Slynn at 718F and Lord Lloyd at 739H-740A), notwithstanding Lord Goff’s powerful dissent (692B-G). It was also the underst…”
- Explained — Granville Technology Group Limited (in liquidation) & Ors v LG Display Co Limited & Anor 2023-08-16
“…everal later decisions at the highest level (London, Chatham & Dover Railway Co v South Eastern Railway Co [1893] AC 429, La Pintada 1985] AC 104, Westdeutsche [1996] AC 669). As I have explained, La Pintada recognised one inroad into this principle, namely that interest could be recovered as damages for breach of contract under th…”
- Cited — Read v Panzone & Anor 2019-10-09
“…(The husband in a footnote refers to the case of Westdeutsche Landesbank Girozentrale v London Borough of Islington [1996] AC 669).…”
- Cited — First City Monument Bank Plc v Zumax Nigeria Ltd 2019-03-01
“… a banker to become a trustee for a customer, but that is very much the exception rather than the rule. In Westdeutsche Landesbank Girozentrale v Islington LBC [1996] AC 669, Lord Browne-Wilkinson noted (at 704) that “wise judges have often warned against the wholesale importation into commercial law of equitable principles inconsi…”
- Cited — North & Anor v Wilkinson & Ors 2018-02-09
“…In Westdeutsche Landesbank Girozentrale v Islington LBC [1996] AC 669 at 705, Lord Browne-Wilkinson identified four propositions fundamental to the law of trusts. They included, first, that to establish a trust there must be iden…”