i-law

Lloyd's Maritime and Commercial Law Quarterly

FOREIGN CURRENCY JUDGMENTS

D. G. Powles

LL.M., Barrister, Lecturer in Law, U.W.I.S.T.

Less than 20 years ago the House of Lords in Re United Railways of Havanna and Regla Warehouses Ltd.1 clearly laid down that an English court could only give judgment in sterling, and that in a case where the amount claimed was expressed in a foreign currency this amount had to be converted into sterling at the date when the claim arose, not at the date judgment was given. In contrast, the most recent edition of The Supreme Court Practice states,2 “The English court has power to give judgment for a sum of money expressed in a foreign currency”.
This complete reversal has not been achieved without numerous steps by the judiciary, some bold, some cautious, and the exploration of several paths of reasoning. The motivation has been to bring the law into line with the commercial realities of inflation and floating currencies. Under the rule in the Havanna case, if X, in country Y, contracts with Z, in England, he will only be able to pursue a remedy against Z in the English courts in sterling, even if the currency of the contract is that of country Y. As X would measure his loss in terms of country Y’s currency, it is clear that a devaluation of sterling between the date of Z’s breach and the conclusion of a successful remedy in the English courts by X will mean that, when the amount recovered is converted into units of country Y’s currency, Z will have recovered far less than his actual loss. It is tempting to suggest that prior to 1961 the stability of sterling as a currency belittled this problem, but the substantial body of case law existing prior to that date obviates the suggestion. Since the Havanna decision, however, the fluctuations in sterling have meant that far more people in Z’s position will have suffered substantial losses from the operation of the rule.

The old rule

The unwillingness of the English courts to give judgments in currency other than sterling is recorded as far back as the early 17th century3 and rumour dates its origins as being earlier still.4 It was clearly settled in the 1920s that claims for tortious damages5 and contractual damages6 could only be brought in sterling, and that the date of conversion from a foreign currency was the date of the commission of the tort or the breach of contract. The Havanna case settled the matter in relation to debts and confirmed the ancient authorities which regarded a claim for a debt in a foreign currency as a claim for damages.
Several of the reasons for the rule reflect conditions of communication and economics at the time the rule was formulated. It has been pointed out that if a judgment were to be expressed in a foreign currency,
“… when the plaintiff has his judgment (in this case in Flemish coin) he cannot have execution by such a name; for the sherriff cannot know how to levy the money in Flemish”.7

485

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 © 2025 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.