Recalled and improved goods

In C & E Commrs v Ping (Europe) Ltd [2002] BVC 592, the Court of Appeal held that there was no non-monetary consideration for the supply of new golf clubs to replace old ones, which did not conform to the rules of the Royal and Ancient Golf Club (‘R & A’).

Following a ruling by the ‘R & A’ that certain clubs sold by the company failed to comply with its rules, the company offered every owner, who would surrender an old club, the right to purchase for £22 a new, conforming one. HMRC argued that:

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