*302 Greig and Others v Insole and Others 1977 G. No. 22461977 J ...

[1978] 1 W.L.R. 302 Page 18
[1978] 1 W.L.R. 302 [1978] 3 All E.R. 449 (1978) 122 S.J. 162 [1978] 1 W.L.R. 302 [1978] 3 All E.R. 449 (1978)
122 S.J. 162
(Cite as: [1978] 1 W.L.R. 302)
the substantial advantages to him and his family
from the contract would only be obtained at the
price of abandoning this tour. During the week before
he signed the contract, he considered whether
he should inform the TCCB of what he was proposing
to do but decided not to do so. One factor in his
mind in making this decision was that if the TCCB
had known of the existence of the world series
project, it would have doubtless communicated
with the Australian Cricket Board in Australia and
this might have jeopardised the opportunities of
those Australians, who had already contracted with
World Series Cricket, of being sent to England for
the Test series due to take place in the summer of
1977. Furthermore, according to his evidence, his
experience of 10 years in English county cricket
had led him to the conclusion that in any event the
English cricket establishment needed what he described
as a “good shake-up,” which would compel
them to look at the way cricket was being administered,
both in this country and abroad, and at what
he regarded as the financial plight of its players. He
thought that results for the general benefit of cricket
and cricketers could well ensue, if only the emergence
of the world series project could force the
cricketing authorities throughout the world and
World Series Cricket to get together. To use his
own words he knew there would be a “blow-up” but
felt that “sanity would prevail” and he fully intends
to perform his contract himself.
Having finally decided to contract with World
Series Cricket and not to inform the TCCB of this
decision, Mr. Greig threw in his lot completely with
World Series Cricket, in the sense that he undertook
to assist in recruiting other top class players. Mr.
Packer asked him to accompany Mr. Austin
Robertson to speak to players whom he wished to
enlist. Mr. Greig, at the company's expense, went
with Mr. Robertson to the West Indies and England
for this purpose. His evidence, which I accept, was
that he tried to explain the relevant points and also
to demonstrate the possible repercussions, including
those of bans. He told all his recruits, however,
that Mr. Packer had no intention of preventing them
from playing during the English summer. In due
course he witnessed the signature of about 15 players
to their contracts. When he explained their
terms, he met with no resistance.*321
Among the players approached by Mr. Robertson
and Mr. Greig was the second plaintiff, Mr. Snow.
By that time his career as a fast bowler in official
Test cricket was in all probability over by reason of
his age (35). He was, however, still extremely active
in the field of county cricket. In early April
1976 Mr. Robertson and Mr. Greig approached him
at his county cricket ground and informed him of
the proposed world series. He was supplied with a
copy of his proposed contract and, as he put it in
evidence, Mr. Greig filled in the background. He
took it away and received solicitors' advice on it.
Before signing it, he also met Mr. Packer, who assured
him that he had no intention to prevent him
from playing for Sussex in the English cricket season.
He knew that his chances of ever being selected
again to play for England were slender, but he
wanted to continue playing for Sussex; this assurance
was therefore important to him. He was delighted
with this offer of winter employment from a
financial and cricketing point of view. He signed a
contract with World Series Cricket substantially
similar to that of Mr. Greig, save that it was for a
rather lesser remuneration and was only for a one
year period. According to his evidence, he knew
from past experience that the result of so signing
might well result in a ban both at Test and county
level; he intends nevertheless to perform his contract
with World Series Cricket because it provides
him with the opportunity to play once again in a
highly competitive game, when Test cricket is no
longer open to him, and also a substantial amount
of money.
Mr. Greig on behalf of World Series Cricket also
approached the third plaintiff, Mr. Procter. He is a
cricketer aged 31, who had represented South
Africa in three seasons before 1971, when South
Africa was debarred from playing in Test Matches
by a ruling of the ICC. He therefore is ineligible to
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