The Zockoll Group Ltd (PLAINTIFF/APPLICANT) v Mercury Communications Ltd
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE PETER GIBSON |
| Judgment Date | 08 July 1997 |
| Judgment citation (vLex) | [1997] EWCA Civ J0708-14 |
| Docket Number | LTA 97/5871/J |
| Court | Court of Appeal (Civil Division) |
| Date | 08 July 1997 |
[1997] EWCA Civ J0708-14
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
(SIR RICHARD SCOTT V–C)
Royal Courts of Justice
Strand
London WC2
Lord Justice Peter Gibson
Lord Justice Waller
LTA 97/5871/J
MR J HIRST QC (Instructed by Messrs Fisher Waterhouse, London EC3N 2AA) appeared on behalf of the Appellant
The Respondent was not represented
Tuesday, 8 July 1997
Mr Hirst, we will give you leave to appeal. I should indicate that we do so because we consider that there is a point of general importance in this case and that your chances of success cannot be said to be unrealistic given the decision of this Court in the case of ( Timeload Ltd v. British Telecommunications Limited unreported, 30 November 1993) and the observations by Sir Thomas Bingham MR on the application of section 3 of the Unfair Contract Terms Act 1977 to a contractual clause allowing disconnection, and also the wider observations that the Master of the Rolls made as to the possibility of the common law being used to prevent an unreasonable result in a case such as the present.
We will direct that this case should come on as quickly as possible, with a time estimate of half a day.
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Foreword
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