The claimant had rejected satellite antennae it had bought from the defendants, and sought damages. The defendant said the English court did not have jurisdiction, since the order terms contained an exclusive jurisdiction clause. The claimant sought to appeal the oder refusing jurisdiction. The county court judge had refused permission to appeal to the High Court, but directed that the claimants appeal to the Court of Appeal.
Held: Though the judge had power when granting permission to appeal, to order the transfer of the appeal to the Court of Appeal, he could not do so and at the same time withhold permission to appeal.
Judges:
Lord Justice Dyson Lady Justice Arden Sir Anthony Clarke MR
Citations:
[2007] EWCA Civ 140, Times 19-Mar-2007, [2007] 1 WLR 2175, [2008] Bus LR 472, [2007] 2 Lloyd’s Rep 411
Links:
Statutes:
Jurisdiction:
England and Wales
Litigation Practice, Contract
Updated: 23 November 2022; Ref: scu.249234