Read the full judgment text of CACV 000005/1971 on BabelCite. This Court of Appeal judgment was delivered on 29 October 1971.
1. I agree. I find myself quite unable to accept Mr. Jackson-Lipkin's argument that if we are in doubt as to whether the letter of 26th October 1970 constituted an act of waiver, that is the end of Mr. Bernacchi's argument on the waiver point. I entirely agree with my Brother that only if we were prepared to say that no court could possibly find that the letter constituted an act of waiver, would we be justified in ruling at this stage that there was no issue of fact to be tried. I am not prepar