Courage Ltd v Crehan [2001]

European Law

Courage Ltd v Crehan
‘In the Brewery in Munich, 1892’ by Philip de Laszlo

Under English law the courts refuse to endorse a claim for damages when the claimant was a party to a contract borne from illegal principles, while this is echoed in equity under the maxim ‘he who comes to equity must come with clean hands’, and so reminds those considering such arrangements that they do so without the aid of the judiciary.

However in this matter the claimant was a party to a publican agreement drawn up through the merger of a large brewery and owners of a number of public houses across the United Kingdom, while as part of this agreement the claimant brewery contracted to supply beer to existing tenants (publicans) under a non-negotiable tariff purportedly designed to protect the interests and profits of those purchasing, and yet after the tenant had somehow amassed a debt of around £15,000 the brewery sought recovery through the courts.

Having previously discovered that the brewery was supplying the same beers for lower prices to non-contracted third parties, it was then counter-claimed that the agreement demonstrated a breach of art.85 EC (formerly art.81 EC) therefore damages were owed and no payment for previously provided beer was due.

After the case reached the Court of Appeal it was decided that due to the conflict between national and Community law a preliminary ruling to the European Court of Justice under art.234 EC needed to confirm: 

1. Whether art.85 EC allowed a party to a prohibited agreement to claim damages?

2. Whether a party can claim when relying upon their own adherence to the agreement?

3. Whether a national law preventing recovery under prohibited agreements remained consistent with Community law?

4. Where deemed incompatible which situations allowed national law to apply?

Having evaluated the aims of national law and the claim’s validity it was agreed that while those contracting in the distortion of fair competition are themselves contributors to their own demise, there are certain scenarios demonstrating an inequality of bargaining power and thus grounds for reconsideration. 

Here the Court noted how in this instance the tenant was subjected to the terms of the agreement with little to no room for bargain, and so while it was agreed that the terms of art.85 EC precluded claims of that nature, it did so on the proviso that the claimant was proportionately liable for any market distortion, while it was also clear that where no such arrangement existed, the effects of art.85 EC (which provided for direct effect and application between individuals) were sufficient enough to allow for a claim despite  any objections raised under English law, while reminding the parties that:

“[C]ommunity law precludes a rule of national law which prevents a party subject to a clause in a contract which infringes Article 81 EC from recovering damages for the loss suffered by it on the sole ground that it is a party to that contract.”

The Pork section is now finished.

A Cookbook for Food Lovers

Pork

I’m happy to report that this chapter of the ‘Our Favourite Recipes: A Cookbook for Food Lovers’ is now ready, and so now its time for me to start working on the ‘vegetables’ section (far and away the biggest part of the book), therefore it will no doubt take me a while to complete it, but as with food itself, ‘all good things come to those who wait’, and so in the interim, below is a list of the delicious pork recipes that will be included in the finished product. I hope that you will ultimately enjoy cooking and eating them as much as I have writing them up.

(1) Balsamic Roasted Sausages with Vegetables

(2) Cart Drivers’ Spaghetti

(3) Cumberland Sausage and Split-pea Casserole

(4) Fusilli All’ Amatriciana

(5) Goan Pork Curry with Potatoes

(6) Kerala Pork Curry

(7) Lancashire Hotpot

(8) Pasta with Asparagus,Cream and Ham Sauce

(9) Penne with Sausage Sauce

(10) Pork and Butternut Squash Curry Pork Curry

(11) Pork Dopiaza

(12) Pork Fillet in Honey and Ginger

(13) Pork in a Mustard Spice Mix

(14) Pork Kapitan

(15) Pork Vindaloo

(16) Spaghetti Carbonara

(17) Spicy Sichuan Pork with Noodles

(18) Stir-Fried Pork Mince with Basil

(19) Stir-Fried Pork Mince with Mushrooms

(20) Tagliatelle with Minced Pork Sauce

(21) Yellow Pork Curry

The Fish section is now complete.

A Cookbook for Food Lovers

Fish

With thirty dishes to enjoy, I am very pleased to announce that this third chapter of the book is now complete, and so here below is a list of the recipes just waiting to be cooked and hopefully digested with gleeful satisfaction:

(1) Bengali Mustard Salmon

(2) Chickpea and Cod Stew

(3) Creamy Pasta with Basil and Salmon

(4) Fish Pie

(5) Grilled Cod with Spring Onion Mash

(6) Haddock with Creamed Leeks, Beans and Parsley

(7) Linguini with Salmon and Fresh Dill

(8) Linguini with Tuna Fish Sauce

(9) Macaroni with Sardines and Fennel

(10) Mackerel and Potato Curry

(11) Mackerel, Potato and Thyme Bake

(12) Monkfish with Garlic and Sage

(13) Omelette Arnold Bennett

(14) Pasta with Broccoli and Anchovies

(15) Pasta with Mackerel and Pine Nuts

(16) Pearl Barley and Mackerel Kedgeree

(17) Roasted Haddock with Fennel, Mustard and Ginger

(18)  Roasted Monkfish with Watercress Potatoes

(19) Red Mullet Penne

(20) Salmon Burgers with Basil Mayonnaise

(21) Salmon Parcels

(22) Salmon Quiche

(23) Sea Bass with Basil Pepperonata

(24) Smoked Haddock Kedgeree

(25) Smoked Mackerel and Potato Bake

(26) Spaghetti Atterrati

(27) Spaghetti with Onion, Tuna and Anchovies

(28) Spaghetti with Pizzaiola Sauce

(29) Tagliatelle with Tuna, Lemon and Rocket

(30) Tuna, Pasta and Garlic

 

The Beef and Chicken sections are now complete.

A Cookbook for Food Lovers

Having now written up the first two sections of the cookbook, I thought I would share the contents here should anybody be curious to know which dishes will be covered. I admit  that I’m not a big beef eater, so there are naturally more chicken-based recipes, and as you will also see I am an ardent lover of curries too. I can also assure you that all of these recipes have been thoroughly road-tested, and will not disappoint once cooked and served up, and the theme here is about quality and not quantity, therefore each of these dishes easily speak for themselves.

On a personal level I’m very excited about this cookbook, and will stress that it’s been a genuine labour of love both cooking and adapting them ahead of my putting everything in one convenient point of reference.

Content-wise, my current estimations indicate there will be a total of 245+ recipes when the book is finished next spring/summer, and rest assured, there will plenty of dishes to  sink your teeth into when it’s finally published (if you’ll excuse the pun) and as each section is completed I will list their contents here first.

Beef


Beef Recipes


(1) Beef Bourguignon

(2) Beef Goulash

(3) Beef and Potato Curry

(4) Chilli-Con-Carne

(5) Curried Meatballs

(6) Curried Mince Beef with Peas

(7) Homemade Beefburgers

(8) Italian Meatballs

(9) Lasagne

(10) Shepherd’s Pie

(11) Spaghetti Bolognese

Chicken


Chicken Recipes


(1) Baked Cardamom Chicken Curry

(2) Bengali Chicken

(3) Braised Chicken Curry

(4) Burmese Chicken Curry

(5) Caribbean Chicken Curry

(6) Chettinad Chicken Curry

(7) Chicken and Basil Fried Rice

(8) Chicken with Black Bean Sauce

(9) Chicken and Cardamom Curry

(10) Chicken and Green Bean Curry

(11) Chicken Kukupaka

(12) Chicken Stew

(13) Chicken Vindaloo

(14) Coconut and Soy Chicken

(15) Coriander Chicken

(16) Crispy Chicken and Tomatoes

(17) Delhi Hunter Chicken Curry

(18) Goan Chicken Moelho

(19) Jerk Chicken

(20) Kerala Chicken Curry

(21) Malay Chicken Curry

(22) Nagore Chicken Curry

(23) Nonya Chicken Curry

(24) Rizala Chicken

(25) Singapore Style Chicken Curry

(26) Special Chow Mein

(27) Sri-Lankan Curried Chicken

(28) Thai Fried Rice

(29) Thai Green Curry

(30) Trinidadian Curried Chicken

(31) Vietnamese Chicken Curry

(32) Yellow Curried Chicken