i-law

Lloyd's Maritime and Commercial Law Quarterly

A quarter of a century of foreign currency judgments: the wealth-time continuum in perspective

John Knott *

A rigid formula would be likely to produce injustices1
During the 1970s new guidelines were hammered into place for the treatment of claims with a foreign currency element, reflecting the lessening significance of sterling in world affairs. Lord Wilberforce’s powerful speech in Miliangos v. George Frank (Textiles) Ltd seemed to usher in an era of fairness and adaptability for losses affected by the performance of a foreign currency. The last quarter-century has seen the application of the new guidelines to a range of disputes. This paper examines a cross-section of cases involving foreign currency claims and reaches the disturbing conclusion that a lack of flexibility in the treatment of disputes is negating some of the benefit which the new guidelines were intended to bring.

1. The new regime of foreign currency

The three cases which freed our courts from the strait-jacket procedure of awarding all judgments in sterling, and which seemed to reinstate England as an effective forum for foreign litigants, were concluded between 1975 and 1978. As readers of this Quarterly will recall, the change was brought about by Miliangos 2 (a claim for debt), The Despina R 3 (damages for tort) and The Folias 4 (damages for breach of contract). In Miliangos , the House of Lords discovered that the long-established sterling-breach-date principle,5 which was derived from, or at least confirmed by, Manners v. Pearson 6 —a dispute arising in connection with a contract related to the improvement of the drainage system of the City

325

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.