Total Failure of Consideration in UK Law

  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 June 1996
    ...... to the Council on 18 June 1987, and the total of four semi-annual interest payments totalling ... vires the Council and so void, no consideration having been given for the making of the payment. ... can only be recovered on the ground of failure of consideration if that failure is total. The ......
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 June 1942
    ...... answer to the said Appeal; and due consideration had this day of what was offered on either side ... paid on the ground that there has been a total failure of consideration. He says that the ......
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • Court of Appeal (Civil Division)
    • 17 December 1993
    ......07 . . 18 If the total of the payments by the Council is deducted from ... (with interest) as money paid for a consideration which had wholly failed. . . 22 A ...Plainly there had been no total failure of consideration in respect of the whole of the ......
  • Stocznia Gdanska SA v Latvian Shipping Company and Others
    • House of Lords
    • 26 February 1998
    ......He also held that there had been no total failure of consideration, because the contracts ......
  • National Carriers Ltd v Panalpina (Northern) Ltd
    • House of Lords
    • 11 December 1980
    ...... a result favourable to demolition the total process is likely to last a year. In the events ... been decided on the basis of a total failure of consideration. This is the second of the five ......
  • Kleinwort Benson Ltd v Lincoln City Council
    • House of Lords
    • 29 October 1998
    ......The total of the net payments made under them by Kleinwort ... which already has the matter under consideration. Such a course would benefit the local ... that the true ground of recovery was failure of consideration. It formed part of his argument ......
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 October 2002
    ...... was to deprive the agreement of the consideration underlying it. Under common law, so he submits, ... monies paid recoverable on the ground of total failure of consideration. Not all, however, fell ......
  • Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue
    • House of Lords
    • 25 October 2006
    ...... purpose the Board may take into consideration the liability of the claimant and assessments ... in Kleinwort Benson to treat a similar failure of prediction as a mistake as an "emphatic ... to question his liability to make them, total failure of consideration, or a claim based on the ......
  • Jarvis v Swans Tours Ltd
    • Court of Appeal (Civil Division)
    • 18 October 1972
    ......The total charge was £63.90, including Christmas ... of appeal and made notes for our consideration. I do not think he would have wished to add to ... in suing the employers, and the risk of failure". . 19 Be that as it may, Mr. ......
  • Hyundai Heavy Industries Company v Papadopoulos
    • House of Lords
    • 01 April 1980
    ...... of Article 11 "the full amount of total sums paid by the Buyer to the Builder in "advance ... guarantee:— "In consideration of your entering into the Shipbuilding ... had paid was that there had been a total failure of consideration. He held that there had not ......
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