B & S Contracts & Design Ltd v Victor Green Publications Ltd [1984] ICR 419
Contract – Exceptions clause – Strike – Threats – Payment under threat
Facts
The plaintiffs were contracted to erect stands in a stadium. The contract specified that the Plaintiffs would make every effort to complete the works, but it was subject to a force majeure clause. The Plaintiffs brought over workers from a company of theirs that was going insolvent and was making the workers redundant. When the workers arrived, they threatened to strike unless they were paid a lump sum redundancy payment, which they were not actually entitled to. The Plaintiffs told the defendants to pay half so that the work could continue. The Defendants paid it and on the completion of the works, they deducted the funds from the Plaintiff’s invoice. The Plaintiffs brought an action. The defendants claimed duress.
Issues
Whether the Plaintiff was entitled to payment of the deducted amount under the force majeure clause, or whether the payment was made under duress.
Decision / Outcome
The appeal by the plaintiff was dismissed. It was held that the payment was made by the defendant when they were under duress as their financial situation was such that if they did not pay it, the non-completion of the works would leave them financially destitute. As such, in the circumstances they had no choice but to pay it. The Plaintiffs were unable to rely on the force majeure clause because the works had been carried out and they had received payment. Therefore, they were liable for the payment demanded by the workers.
Updated 19 March 2026
This case summary accurately reflects the decision in B & S Contracts & Design Ltd v Victor Green Publications Ltd [1984] ICR 419, a Court of Appeal authority on economic duress. The core legal principles described remain good law. The case continues to be cited as an established example of economic duress vitiating a payment, particularly where a party had no realistic practical alternative but to pay.
Readers should note that the law of economic duress has developed further since 1984. The Supreme Court’s decision in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 clarified and refined the doctrine, particularly in relation to lawful act duress and the requirement of illegitimate pressure. While B & S Contracts involved unlawful threats (a threatened strike in breach of contract), students should be aware that the broader doctrine has continued to evolve, and this case should be read alongside more recent authorities when studying economic duress.
