Ferrera v Littlewoods Pools [1998] EWCA Civ 618 Court of Appeal

The facts were almost identical to those of Jones v Vernon Pools whereby the claimant filled in a winning entry and sent it off to Littlewoods Pools. Littlewoods disputed ever receiving the entry and denied the fact that they would be legally obliged to pay out even if they had received the entry due to the binding in honour only clause and based on the Court of Appeal precedent set in Jones v Vernon Pools. The claimant, a litigant in person, argued that the decision in Jones v Vernons was outdated and should be overruled.

Held:

Littlewoods were not bound to pay out. The court was bound by the decision in Jones v Vernon Pools the existence of the binding in honour only clause demonstrated an intention that the parties did not intend to be legally bound.

 

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