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Published online by Cambridge University Press: 26 May 2017
On 28th October 1976 an ex parte order was made in the High Court, Queen's Bench Division, under section 2 of the Evidence (Proceedings in Other jurisdictions) Act 1975, giving effect to letters rogatory issued out of the United States District Court for the Eastern District of Virginia, Richmond Division, at the instance of Westinghouse Electric Corporation (Westing- "house"). In the Richmond Court Westinghouse are defendants in a number of actions (civil proceedings) consolidated in that court, by utility companies producing electricity, alleging breaches of contract by Westinghouse for the supply of uranium and claiming very large sums in damages. Westinghouse put forward.(inter alia) a defence of commercial impracticability arising from an alleged uranium producers' cartel.
* [Reproduced from the text provided by the Judicial Office of the House of Lords.
[The original page numbers of the decision have been maintained throughout the text so that the corrigenda at I.L.M. page 61 may be inserted at the appropriate places when the text is quoted.
[The United Kingdom Court of Appeal Decision of May 26, 1977, appears at 16 I.L.M. 784 (1977). The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters appears at 8 I.L.M, 37 (1969).
[The U.S. Court of Appeals Decision of October 11, 1977, In re: Westinghouse Electric Corporation Uranium Contracts Litigation, appeal at I.L.M. page 77.]