Clydebank Engineering and Shipbuilding Company, Ltd, and Others v Castaneda and Others

JurisdictionUK Non-devolved
Judgment Date17 November 1904
Judgment citation (vLex)[1904] UKHL J1117-1
CourtHouse of Lords
Clydebank Engineering and Shipbuilding Company, Limited, and Others
and
Castaneda and Others.

[1904] UKHL J1117-1

House of Lords

1

After hearing Counsel for the Appellants, as well on Tuesday last as this day, upon the Petition and Appeal of the Clydebank Engineering and Shipbuilding Company, Limited, having its Registered Office at Clydebank, Dumbartonshire, now in liquidation, and Charles Ker, 115 St. Vincent Street, Glasgow, and William Barclay Peat, of 3 Lothbury, London, Liquidators thereof, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an Interlocutor of the Lord Ordinary in Scotland, of the 18th of February 1903, and also an Interlocutor of the Lords of Session there, of the Second Division, of the 17th of June 1903, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Interlocutors might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed case of His Excellency Rear-Admiral Don Jose Ramos Yzquierdo v Castaneda, the Spanish Minister of Marine in Madrid, Don Manuel Diaz e Iglesias, Chief of the Spanish Royal Naval Commission, Don Diego de Tapia, Commissary of the same, and the said Spanish Royal Naval Commission, lodged in answer to the said Appeal; and Counsel appearing for the said Respondents, but not being called on; and due consideration being had of what was offered for the said Appellants:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of His Majesty the King assembled, That the said Interlocutors, complained of in the said Appeal, be, and the same are hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the...

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85 cases
  • Murray v Leisureplay Plc
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 July 2005
    ...of a genuine pre-estimate of damages in the Clydebank Engineering and Shipbuilding Company Limited v Don Jose Ramos Yzquierdo y Castenada [1905] AC 6 and subsequent cases, that does not involve an economic or financial forecasting. Otherwise, the cases could not have been decided as they we......
  • The General Trading Company (Holdings) Ltd v Richmond Corporation Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 3 July 2008
    ...between the parties”: [1915] AC 79, at 88. See also Clydebank Engineering and Ship Building Co Ltd v Don Jose Ramos Yzquierdo Y Castaneda [1905] AC 6 at 11; Robophone Facilities Ltd v Blank [1966] 1 WLR 428 at 131 Although Lord Dunedin contrasted a penalty with a “genuine pre-estimate of d......
  • Fahim Imam-sadeque v Bluebay Asset Management (services) Ltd
    • United Kingdom
    • Queen's Bench Division
    • 10 December 2012
    ...regarded as occurring on breach is a question of substance, not form: Clydebank Engineering & Shipbuilding Co Ltd v Yzquierdo y Castaneda [1905] AC 6, 15. It would not be possible to avoid the application of the doctrine by the simple expedient of making continued entitlement to a sum condi......
  • Jobson v Johnson
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 May 1988
    ...as in 8 & 9 Will 3 c.ll and 4 & 5 Anne c.16). 20In Clydebank Engineering and Shipbuilding Company v. Don Jose Rames Yzquierdo y Castaneda (1905) AC 6 Lord Halsbury, Lord Chancellor, held at page 10 that the law as to penalties is now the same in England as in Scotland. He referred to the di......
  • Request a trial to view additional results
1 firm's commentaries
  • Andrews v ANZ revives equitable jurisdiction concerning relief against penalties
    • Australia
    • Mondaq Australia
    • 1 May 2013
    ...proportion to maximum loss The famous case of Clydebank Engineering & Shipbuilding Co Limited v Don Jose Ramos Yzquierdo y Castenada [1905] AC 6 provides a much-quoted example of how the doctrine of relief against penalties often applies. Party A may enter into a contract where A agrees......
7 books & journal articles
  • Damages
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Remedies
    • 4 August 2020
    ...v Monkland Iron & Coal Co (1886), 11 App Cas 332 (HL); Clydebank Engineering & Shipbuilding Co v Yzquierdo-y-Castaneda, Don Jose Ramos , [1905] AC 6 (HL) [ Clydebank ]. 390 The leading statement of the guidelines by Lord Dunedin in Dunlop , above note 387, has been adopted in a number of Ca......
  • Table of cases
    • Canada
    • Irwin Books Remedies: The Law of Damages. Third Edition Limiting Principles
    • 21 June 2014
    ...Clydebank Engineering & Shipbuilding Co v Don Jose Ramos Yzquierdo y Castaneda, [1905] AC 6, 74 LJPC 1, [1904–7] All ER Rep 251 (HL) .................................................................... 530 Co v Watson, 2010 BCSC 950 ................................................................
  • Judicial Oversight of Remedy Stipulation
    • Canada
    • Irwin Books Remedies: The Law of Damages. Third Edition Limiting Principles
    • 21 June 2014
    ...of a union constitution. 38 Dunlop , above note 3; Clydebank Engineering & Shipbuilding Co v Don Jose Ramos Yzquierdo y Castaneda , [1905] AC 6 (HL); Commissioner of Public Works v Hills , [1906] AC 368 (PC) [ Hills ]; Jobson v Johnson , [1989] 1 All ER 621 (CA); Gilby, above note 6. Judici......
  • Lecture
    • Singapore
    • Singapore Academy of Law Journal No. 2017, December 2017
    • 1 December 2017
    ...El Makdessi[2015] UKSC 67 at [28], [145] and [152]. 37Clydebank Engineering and Shipbuilding Co Ltd v Don Jose Ramos Yzquierdo y Castaneda[1905] AC 6; Commissioner of Public Works v Hills[1906] AC 368; Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd[1915] AC 79. 38Cavendish Squar......
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