Continental Illinois National Bank & Trust Company of Chicago v John Paul Papanicolaou Same v Nicholas Frederick Papanicolaou (The "Fedora" "Tatiana" and "Eretrea Ii")
| Jurisdiction | England & Wales |
| Judgment Date | 1986 |
| Date | 1986 |
| Court | Court of Appeal (Civil Division) |
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29 cases
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Dana Gas PJSC v (1) Dana Gas Sukuk Ltd
...to grant an injunction, even in the face of a no set-off clause. However, as the decision of the Court of Appeal in The “Fedora” [1986] 2 Lloyd's Rep 441 at 445 makes clear, it is only in exceptional circumstances that the court should exercise that discretion to grant a stay or injunction.......
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John Holt & Company (Liverpool) Ltd and Another v Caterpillar (NI) Ltd (Previously Called FG Wilson (Engineering) Ltd)
...in the same way as an exclusion clause: Continental Illinois National Bank & Trust Company of Chicago v Papanicolaou (The Fedora) [1986] 2 Lloyd's Rep 441, WRM Group Ltd v Wood [1998] C.L.C. 189. 84 Mr Cogley QC submitted that the language of the clause was not apt to prevent set-off of the......
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African Export-Import Bank and Others v Shebah Exploration & Production Company Ltd and Others
...such agreement also precludes the grant of a stay of execution of judgment pending a counterclaim (see Continental Illinois National Bank & Trust Company of Chicago v Papanicolaou [1986] 2 Lloyd's Rep 441 CA). 11 The defendants' contention is that they have an arguable case that the Facilit......
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Re Kaupthing Singer and Friedlander Ltd: Newcastle Building Society v Mill and Others
...Rule 7 para 3.2 and clause 3.5(a) of the Deed. 18 A similar argument was urged on the Court of Appeal in Continental Illinois National Bank and Trust Company of Chicago v Papanicolaou [1986] 2 Ll.L.R 441. In that case the relevant provision required payment by the guarantor of a secured deb......
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2 books & journal articles
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RESTRAINING A CALL ON A PERFORMANCE BOND: SHOULD ‘FRAUD OR UNCONSCIONABILITY’ BE THE NEW ORTHODOXY?
...Ltd v Notis Shipping Corp[1981] 2 Lloyd’s Rep 256, at 257; Continental Illinois National Bank and Trust Co of Chicago v Papanicolaou[1986] 2 Lloyd’s Rep 441, at 445. 59 Star—Trans Far East Pte Ltd v Norske—Tech Ltd [1995] 3 SLR 631, at 643. Infra, nn 210—13 and the accompanying main text. C......
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Security for performance
...SLr 409 at [21]–[23]. See also Marshall v Pennycook (1907) 15 SLT 581, which considered the position under Scots law. 76 he “Fedora” [1986] 2 Lloyd’s rep 441 at 445, per parker LJ; Try Build Ltd v Blue Star Garages Ltd (1998) 66 Con Lr 90 at 98–99, per hhJ LLoyd QC. 77 Cellulose Products Pt......