Miliangos v George Frank Ltd

Last updated

Miliangos v George Frank (Textiles) Ltd
Royal Coat of Arms of the United Kingdom.svg
Court House of Lords
Full case nameMiliangos v George Frank (Textiles) Ltd
Decided5 November 1975
Citation(s) [1976] AC 443
Court membership
Judge(s) sitting Lord Wilberforce
Lord Cross of Chelsea
Lord Edmund-Davies
Lord Simon
Lord Fraser of Tullybelton
Keywords
Contract, Currency, Debt, Pound Sterling

Miliangos v George Frank Ltd, [1976] AC 443 is a leading decision of the House of Lords enforcement of debts. The case created the Miliangos rule that allows creditors under a contract to obtain judgment under a foreign currency. [1] The Lords stated that the date of payment would be the date of conversion to the foreign currency.

Contents

The case also includes a significant discussion of the doctrine of judicial precedent in English law, including the doctrines of ratio decidendi and per incuriam . [2] It represents a rare occasion in which their Lordships invoked the Practice Statement and overturned a previous precedent of the House of Lords, which had held that all debts were to be paid in sterling.

Background

Miliangos was a Swiss textile producer who sold and delivered textiles to George Frank Ltd, textile trade located in England. George Frank refused to pay for the textiles. Miliangos sued George Frank in England for the amount of the debt in the currency of the contract which was Swiss francs.

Over the time of the litigation, the exchange rate between the Swiss franc and the pound dropped dramatically. The traditional rule required that the debt in Swiss francs be converted to pounds on the date of the breach. Miliangos would lose a significant amount of the value of the money owed if paid in pounds due to the exchange rate.

The issue before the House of Lords was whether the English courts were able to order a judgment in any currency besides pounds sterling.

The Lords ruled that the debt could be paid in Swiss francs, breaking a line of authority over 200 years old. The claimant applying for the payment of foreign currency must show reasons for it based on losses suffered outside the domestic jurisdiction. The conversion date to be used is the date of payment.

In dissent, Lord Simon stated that the new rule gave too much advantage to the claimants and said that this task should normally be established by the Parliament. He also tried to influence the other Lords to accept the prospective overruling; which already exists in other common law countries like the USA.

See also

Related Research Articles

A currency is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general definition is that a currency is a system of money in common use within a specific environment over time, especially for people in a nation state. Under this definition, the British Pound Sterling (£), euros (€), Japanese yen (¥), and U.S. dollars (US$) are examples of (government-issued) fiat currencies. Currencies may act as stores of value and be traded between nations in foreign exchange markets, which determine the relative values of the different currencies. Currencies in this sense are either chosen by users or decreed by governments, and each type has limited boundaries of acceptance; i.e., legal tender laws may require a particular unit of account for payments to government agencies.

<span class="mw-page-title-main">Euro</span> Currency of most countries in the European Union

The euro is the official currency of 20 of the 27 member states of the European Union (EU). This group of states is known as the eurozone or, officially, the euro area, and includes about 344 million citizens as of 2023. The euro is divided into 100 cents.

<span class="mw-page-title-main">ISO 4217</span> Standard that defines codes for the representation of currencies

ISO 4217 is a standard published by the International Organization for Standardization (ISO) that defines alpha codes and numeric codes for the representation of currencies and provides information about the relationships between individual currencies and their minor units. This data is published in three tables:

<span class="mw-page-title-main">Gold standard</span> Monetary system based on the value of gold

A gold standard is a monetary system in which the standard economic unit of account is based on a fixed quantity of gold. The gold standard was the basis for the international monetary system from the 1870s to the early 1920s, and from the late 1920s to 1932 as well as from 1944 until 1971 when the United States unilaterally terminated convertibility of the US dollar to gold, effectively ending the Bretton Woods system. Many states nonetheless hold substantial gold reserves.

The Australian dollar is the official currency and legal tender of Australia, including its external territories, Christmas Island, Cocos (Keeling) Islands and Norfolk Island, and three independent sovereign Pacific Island states: Kiribati, Nauru, and Tuvalu. Within Australia, it is almost always abbreviated with the dollar sign ($), with A$ or AU$ sometimes used to distinguish it from other dollar-denominated currencies. The $ symbol precedes the amount. On the introduction of the currency, the $ symbol was intended to have two strokes, but the version with one stroke has also always been acceptable. It is subdivided into 100 cents.

<span class="mw-page-title-main">Treaty of Paris (1815)</span> Treaty ending the Napoleonic Wars

The Treaty of Paris of 1815, also known as the Second Treaty of Paris, was signed on 20 November 1815, after the defeat and the second abdication of Napoleon Bonaparte. In February, Napoleon had escaped from his exile on Elba, entered Paris on 20 March and began the Hundred Days of his restored rule. After France's defeat at the hands of the Seventh Coalition at the Battle of Waterloo, Napoleon was persuaded to abdicate again, on 22 June. King Louis XVIII, who had fled the country when Napoleon arrived in Paris, took the throne for a second time on 8 July.

Legal tender is a form of money that courts of law are required to recognize as satisfactory payment for any monetary debt. Each jurisdiction determines what is legal tender, but essentially it is anything which when offered ("tendered") in payment of a debt extinguishes the debt. There is no obligation on the creditor to accept the tendered payment, but the act of tendering the payment in legal tender discharges the debt.

<span class="mw-page-title-main">Swiss franc</span> Currency and legal tender of Switzerland and Liechtenstein

The Swiss franc is the currency and legal tender of Switzerland and Liechtenstein. It is also legal tender in the Italian exclave of Campione d'Italia which is surrounded by Swiss territory. The Swiss National Bank (SNB) issues banknotes and the federal mint Swissmint issues coins.

<span class="mw-page-title-main">Landsbanki</span> Failed Icelandic commercial bank

Landsbanki, also commonly known as Landsbankinn which is now the name of the current rebuilt bank, was one of the largest Icelandic commercial banks that failed as part of the 2008–2011 Icelandic financial crisis when its subsidiary sparked the Icesave dispute. On October 7, 2008, the Icelandic Financial Supervisory Authority took control of Landsbanki and created a new bank for all the domestic operations called Nýi Landsbanki so that the domestic bank could continue to operate, the new bank continued to operate under the Landsbanki name in Iceland.

Foreign exchange reserves are cash and other reserve assets such as gold held by a central bank or other monetary authority that are primarily available to balance payments of the country, influence the foreign exchange rate of its currency, and to maintain confidence in financial markets. Reserves are held in one or more reserve currencies, nowadays mostly the United States dollar and to a lesser extent the euro.

<i>Foakes v Beer</i>

Foakes v Beer[1884] UKHL 1 is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts. It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that prevents parties from discharging an obligation by part performance, affirming Pinnel's Case (1602) 5 Co Rep 117a. In that case it was said that "payment of a lesser sum on the day [i.e., on or after the due date of a money debt] cannot be any satisfaction of the whole."

<span class="mw-page-title-main">Estoppel in English law</span>

Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts which is different from an earlier set of facts.

<span class="mw-page-title-main">Dynamic currency conversion</span> Foreign exchange process

Dynamic currency conversion (DCC) or cardholder preferred currency (CPC) is a process whereby the amount of a credit card transaction is converted at the point of sale, ATM or internet to the currency of the card's country of issue. DCC is generally provided by third party operators in association with the merchant, and not by a card issuer. Card issuers permit DCC operators to offer DCC in accordance with the card issuers’ processing rules. However, using DCC, the customer is usually charged an amount in excess of the transaction amount converted at the normal exchange rate, though this may not be obviously disclosed to the customer at the time. The merchant, the merchant's bank or ATM operator usually impose a markup on the transaction, in addition to the exchange rate that would normally apply, sometimes by as much as 18%.

<span class="mw-page-title-main">Sterling area</span> Currencies linked to the pound sterling

The sterling area was a group of countries that either pegged their currencies to sterling, or actually used sterling as their own currency.

<i>Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd</i>

Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd[1942] UKHL 4 is a leading House of Lords decision on the doctrine of frustration in English contract law.

<span class="mw-page-title-main">Jersey livre</span>

The livre was currency of Jersey until 1834. It consisted entirely of French coins.

<span class="mw-page-title-main">Hyperinflation in the Weimar Republic</span> Occurrence of hyperinflation in early 20th century Germany

Hyperinflation affected the German Papiermark, the currency of the Weimar Republic, between 1921 and 1923, primarily in 1923. It caused considerable internal political instability in the country, the occupation of the Ruhr by France and Belgium, and misery for the general populace.

Morgan v. United States, 113 U.S. 476 (1885), was a case involving several judgments of the United States Court of Claims in four cases against the United States for the payment of United States bonds known as "five-twenty bonds."

Retail foreign exchange trading is a small segment of the larger foreign exchange market where individuals speculate on the exchange rate between different currencies. This segment has developed with the advent of dedicated electronic trading platforms and the internet, which allows individuals to access the global currency markets. In 2016, it was reported that retail foreign exchange trading represented 5.5% of the whole foreign exchange market.

<span class="mw-page-title-main">Local authorities swaps litigation</span>

The local authorities swaps litigation refers to a series of cases during the 1990s under English law relating to interest rate swap transactions entered into between banks and local authorities. The House of Lords ruled that such transactions were unlawful. As a result of the decision over 200 separate actions were filed as hundreds of interest rate swap contracts had to be unwound by the courts at great expense.

References

  1. Beal, Crystal (1 April 1998). "Foreign Currency Judgments: A New Option for United States Courts". University of Pennsylvania Journal of International Law. 19 (1): 101. ISSN   1086-7872.
  2. McMullen, John (1977). "Reorganisation by Management and Redundancy". The Modern Law Review. 40 (6): 721–724. ISSN   0026-7961.