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

[1978] 1 W.L.R. 302 Page 19
[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)
play for England in Test Matches and at present has
no opportunity to play Test cricket at all. He has
played for the Gloucestershire County Club since
1968, and is now its captain. He is an all-round
cricketer of great ability. Under his leadership,
Gloucestershire in 1977 completed one of the most
successful seasons in its history. For that season he
earned in all about £7,500, a substantial part of
which represented expenses and bonuses accruing
from his county's various victories. Like Mr. Greig
and Mr. Snow, he regards the remuneration paid to
English cricketers as inadequate. Like many other
professional cricketers, he has no other qualifications
apart from cricket. Since 1968, he has spent
the winters in South Africa either playing or coaching,
but financial rewards for playing or coaching
in South Africa, according to his evidence, are very
small. Though about 12 English cricketers get the
opportunity of coaching in South Africa, their average
remuneration is about £200 per month, plus the
use of a car and accommodation, which leaves them
little to bring home.
Mr. Procter first heard of the world series in
March when he was in South Africa. On his return
to England at about the end of that month, he was
told more details by Mr. Greig and Mr. Robertson,
who offered him a three year contract on behalf of
World Series Cricket. He signed it on April 11,
1977, having talked about it to several other players,
but without having taken legal advice. He very
much wished and still wishes to continue playing
for Gloucestershire for another four or five years at
least. He was told by Mr. Robertson or Mr. Greig
before he signed it that it would not affect his playing
for his county. Unlike Mr. Greig or Mr. Snow,
he never thought it a real likelihood that he would
be banned from playing for his county if he signed
on for World Cricket. The contract offered not surprisingly
appealed to him, because it gave him the
opportunity of playing *322 cricket at
the higher level of which he was otherwise deprived
and also offered some financial security for
himself and his family. He intends to perform it.
VIII The form and the validity or otherwise of the
World Series Cricket contracts: Question (A) above
By April 29, 1977, World Series Cricket had concluded
contracts with four players from the United
Kingdom, four from South Africa, four from the
West Indies, four from Pakistan and 18 from Australia.
So far as the evidence shows, these contracts
were all in substantially the same form, subject to
differences in the contract term, which varied from
one to three years (or five years in one case) and in
the contract fee, which varied from about A$20,000
to about A$35,000 for each “tour” for which the
player concerned was involved.
As has been indicated, it has been submitted on behalf
of the defendants that the form of the contracts
is such that they are, on the face of them, void.
Since it is not suggested that any of them contain
differences in form relevant for the purpose of this
present submission, I will refer to the terms of Mr.
Greig's contract for the purpose of dealing with this
particular submission, which I think it convenient
to deal with at this point. This submission raises
what has been described earlier as question (A).
Mr. Greig's contract is dated March 25, 1977,
and expressed to be made between J.P. Sport Pty.
Ltd., which is defined as “the promoter,” of the one
part and Mr. Greig, who is defined as “the player,”
of the other part. The recitals and first two clauses
of the contract read as follows:
“Whereas: A. The promoter is engaged in the business
of promoting organising and conducting professional
sporting events and plans to promote organise
and conduct a number of series of professional
cricket matches in Australia and elsewhere in
the seasons as hereinafter defined. B. Each series
will comprise up to 55 play days devoted to five
matches described as ‘test matches’ (and each being
of up to five days duration) four limited-over
matches (each being of two days duration) and as
yet an undecided number of other matches all of
which matches in a series shall together constitute a
tour. C. The player has offered to play in matches
© 2011 Thomson Reuters.