Gill (Stewart) Ltd v Myer (Horatio) & Company Ltd

JurisdictionEngland & Wales
Date1992
Year1992
CourtQueen's Bench Division

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22 cases
  • Esso Petroleum Company Ltd v Milton
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 February 1997
    ...is apart from ordering a future preliminary hearing were it necessary for further evidence to be adduced on some particular issue. 24 Gill v Myer was a case on the third point concerning the fairness of an express contractual provision excluding the right of set-off. The defendants there ......
  • Deutsche Bank (suisse) Sa v Gulzar Ahmed Khan & Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 13 March 2013
    ...a defence based on fraud and that, in consequence, it must be seen as unfair. They rely in this regard on Stewart Gill v Horatio Myer [1992] 1 QB 600 at 325 However, the parties at the time of contracting would have contemplated as remote the possibility that either would act fraudulently ......
  • Axa Sun Life Services Plc v Mortgage UK Financial Services Ltd & others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 May 2011
    ...However, I am content to agree that clause 15.2 does not pass the test of reasonableness for two reasons: it is not mutual, and Stewart Gill v. Myer would seem to support such a conclusion. Between: Axa Sunlife Services Plc Appellant and Campbell Martin Ltd Brendon Partington Gary Tibor Hos......
  • Regus (UK) Ltd v Epcot Solutions Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 15 April 2008
    ... ... International Limited A Merrill Communications Company 190 Fleet Street, London EC4A 2AG Tel No: 020 7404 1400, ... “The consequence of the approach adopted in Stewart Gill [[1992] 1 QB 600] is (as the present case shows) ... ...
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1 firm's commentaries
  • How The Dog With The Degree Led To A Contract Without A Cap
    • United Kingdom
    • Mondaq United Kingdom
    • 7 June 2010
    ...Terms Act 1977. The courts have held that it is never reasonable to exclude liability for fraud (Thomas Witter Ltd v TBP Industries Ltd [1992] Q.B. 600) and therefore liability caps in a contract will not apply to any claim for fraudulent In order to establish fraudulent misrepresentation, ......