Two companies with head offices in England and subsidiary offices in Scotland, contracted for work to be done in Scotland. The contract was silent as to the applicable law.
Held: Where both companies traded in England, the presumptions under the convention were not to be set aside merely because the place of performance and direct control under the contract were in Scotland. The contract was most closely connected with England and issues arising were to be tried there.
Judges:
Lords Justice Potter and Keene
Citations:
Gazette 12-Sep-2002, [2002] EWCA Civ 916, [2002] 1 WLR 3059, [2002] 2 All ER (Comm) 479
Links:
Statutes:
Contracts (Applicable Law) Act 1990
Jurisdiction:
England and Wales
Jurisdiction, Contract
Updated: 29 August 2022; Ref: scu.174983