Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

WILANDER AND NOVACEK v. TOBIN AND JUDE

[1997] 1 Lloyd's Rep. 195

CHANCERY DIVISION

Before Mr. Justice Lightman

Practice - Application to strike out - Application to amend - Plaintiffs facing disciplinary proceedings on the charge of taking prohibited drugs - Disciplinary proceedings instituted by defendants under r. 53 of the International Tennis Federation - Allegation in statement of claim that r. 53 void as an unreasonable restraint of trade struck out - Whether right to do so - Whether plaintiffs should be permitted to plead that r. 53 contravened arts. 48, 59, 85 and 86 of the European Community Treaty of Rome.

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