Miliangos v George Frank (Textiles) Ltd

Facts

A Swiss seller claimed the price of goods in Swiss francs. Sterling had fallen in value, and an earlier House of Lords decision required judgment to be given in sterling.

Issue

Could an English court give judgment in a foreign currency?

Held

Yes. The House of Lords used the 1966 Practice Statement to depart from Re United Railways of Havana and allowed judgment in Swiss francs.

Principle

A final court may depart from its own earlier decision when circumstances have changed.

Why it matters

A classic use of the Practice Statement; it also shows that lower courts must still follow the higher court until it changes its mind.

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