LEGAL SKILLS

Legal Skills

Legal Skills

Introduction

1. What is the date of the judgment?

The date of the judgement is 12th November 1987.

2. Who was the trial judge and what was his decision?

The name of the judge was Judge Holroyd Q.C. The defendants appeal against a decision of the late Judge Holroyd Q.C. given in the Lambeth County Court at the trial of this action on the 11th March, 1987 whereby the judge awarded the plaintiffs judgment against the defendants in the sum of £3,783.50 with interest and costs. The judge described the case as an interesting case, and in that I agree with him.

3. Where was the case heard at first instance?

Association of Official Shorthandwriters Ltd., Room 392, Royal Courts of Justice, and 2 New Square, Lincoln's Inn, London, W.C.2

4. Who were counsel and solicitors in the Court of Appeal?

Solicitors: Steven Fisher & Co.; Andrew Moore & Co.

Counsel: Thornton

5. What remedies were Interfoto Picture Library Ltd seeking in the Court of Appeal?

The crucial question in the case is whether the plaintiffs can be said fairly and reasonably to have brought condition 2 to the notice of the defendants^ The judge made no finding on the point, but I think that it is open to this court to draw an inference from the primary findings which he did make. In my opinion the plaintiffs did not do so. They delivered 47 transparencies, which was a number the defendants had not specifically asked for. Condition 2 contained a daily rate per transparency after the initial period of 14 days many times greater than was usual or (so far as the evidence shows) heard of. For these 47 transparencies there was to be a charge for each day of delay of £235 plus VAT. The result would be that a venial period of delay, as here, would lead to an inordinate liability. The defendants are not to be relieved of that liability because they did not read the condition, although doubtless they did not; but in my judgment they are to be relieved because the plaintiffs did not do what was necessary to draw this unreasonable and extortionate clause fairly to their attention. I would accordingly allow the defendants' appeal and substitute for the judge's award the sum which he assessed upon the alternative basis of quantum meruit.

6. Which cases were applied by the Court of Appeal?

Mr. Beeching telephoned the plaintiffs at about 3.10 on the afternoon of the 5th March, and told Miss Fraser, according to a contemporary note which the judge accepted, that he was very impressed with the plaintiffs' fast service, that one or two of the transparencies could be of interest, and that he would get back to the plaintiffs. Unfortunately he did not get back on to the plaintiffs and the transparencies seem to have been put on one side and overlooked by the defendants. The plaintiffs tried to telephone Mr. Beeching on the 20th and again on the 23rd March, but only spoke to his ...