British South Africa Company v De Beers Consolidated Mines Ltd [1910] 2 Ch 502 is a judicial decision of the English Court of Appeal relating to the conflict of laws, and clogs upon the equity of redemption.[1][2][3][4]
The British South Africa Company (BSAC) entered into an agreement with De Beers under which De Beers loaned various sums of money to BSAC, and BSAC granted security over all its assets in the form of a floating charge as collateral for the loans. That agreement also contained a provision which granted De Beers the exclusive right to mine diamonds south of the Zambezi river in perpetuity.
BSAC brought proceedings against De Beers in the English courts arguing that the provision for the exclusive mining of diamonds was unenforceable for various different reasons. The English Court of Appeal held that the provision was invalid because it constituted "a clog" on the equity of redemption, and that notwithstanding the property was located in a country that did not recognise the concept of an equity of redemption, the English courts would nevertheless apply the doctrine on the basis that the agreement was governed by English law and it could make an order on the parties in personam.
The decision was reversed on other grounds by the House of Lords,[5] but the Court of Appeal decision remains a leading authority in relation to clogs on the equity of redemption and the conflict of laws.
^"British South Africa Co v De Beers Consolidated Mines Ltd: CA 1910". swarb.co.uk. Retrieved 5 September 2023.
^Collins, Lawrence; Harris, Jonathan (2022). Dicey, Morris & Collins: The Conflict of Laws (16th ed.). Sweet & Maxwell. para 33-056. ISBN 978-0-414-10889-9.
^McGee, John; Elliott, Steven (2020). Snell's Equity (34th ed.). Sweet & Maxwell. para 38-010. ISBN 978-0-414-07150-6.
^"British South Africa Company v De Beers Consolidated Mines, Limited". Scribd.com. Retrieved 17 September 2023.
^[1912] AC 52
and 24 Related for: British South Africa Company v De Beers Consolidated Mines Ltd information
BritishSouthAfricaCompanyvDeBeersConsolidatedMinesLtd [1910] 2 Ch 502 is a judicial decision of the English Court of Appeal relating to the conflict...
The DeBeers Group is a SouthAfrican-British corporation that specializes in the diamond industry, including mining, exploitation, retail, inscription...
The BritishSouthAfricaCompany (BSAC or BSACo) was chartered in 1889 following the amalgamation of Cecil Rhodes' Central Search Association and the London-based...
" The case was similarly criticised in British SouthAfricaCompanyvDeBeersConsolidatedMinesLtd [1912] AC 52. Wayne Clarke (2019). Fisher & Lightwood's...
Corporation for 25 years and DeBeersConsolidatedMines for 27 years Nicky Oppenheimer, chairman of the DeBeers diamond mining company and its subsidiary, the...
system of institutionalised racial segregation that existed in SouthAfrica and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was...
the SouthAfrican Republic: Paul Kruger. Prime Minister of the Cape of Good Hope: John Gordon Sprigg. March 13 – DeBeersConsolidatedMinesLtd. is founded...
and consolidate diamond mines. Over the next two decades he gained a near-complete monopoly of the world diamond market. His diamond companyDeBeers, formed...
rule. He nationalized the diamond mines, including those run by DeBeers, and created the National Diamond Mining Company (NDMC). The NDMC gave Stevens and...
Johannesburg Consolidated Investment Co. Ltd. was founded in 1889 by the British entrepreneur Barney Barnato. JCI was a major force in SouthAfrican mining...
returned to Consolidated for further work, including installation of 900 hp (670 kW) R-1830-64 engines. For the redesignated XPBY-1, Consolidated introduced...
[through its subsidiary Chirano Gold MinesLtd. (CGML)] operated the Chirano gold mine; AngloGold Ashanti Ltd. of SouthAfrica operated the Bibiani, the Iduapriem...
Its owners Baseresult Holdings Ltd, which bought the mine in 2001, have created a new company, Western United Mines Limited (WUM), to operate it and...
City brewery that made Lone Star and Colt 45, gold mines in British East Africa and a development company in Spain. Following Soriano's death, Antonio Róxas...
reached the Congo border and the Katanga copper mines. Railway construction in BritishSouthAfricaCompany-administered Northern Rhodesia (now Zambia) was...
Mining CompanyLtd. established operations at Vatukoula, followed in 1935 by the Loloma Gold Mines, N.L., and then by Fiji Mines Development Ltd. (aka...
part in the company was Henry James King, an American. He was one of the diamond syndicate who bought up the output supplied by DeBeers. Others employed...
Jameson, under the employment of Cecil Rhodes. It involved 500 BritishSouthAfricaCompany police launched from Rhodesia over the New Year weekend of 1895–96...
v Board of Inland Revenue [1984] ICR 508 Rigby v Ferodo Ltd [1988] ICR 29 Robertson vBritish Gas Corp [1983] ICR 351 See Bateman v Asda Stores Ltd [2010]...
the area under British rule, and therefore Johnston had to turn to Cecil Rhodes, who was the Chairman of the BritishSouthAfricaCompany (BSAC), and struck...
Global Information