The defendant appealed an order refusing a stay of the proceedings on the grounds of forum non conveniens. The contract of guarantee contained no choice of law clause, but the contract under which it was made set English law as the jurisdiction. The clause had been deleted from the guarantee contract, and the subject mater … Continue reading Land Rover Exports Limited v Samcrete Egypt Engineers and Contractors S A E: CA 21 Dec 2001
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The parties disputed the proper law governing a commercial agency agreement between them. Judges: Llyd, Levesaon LJJ, Toulson L Citations: [2013] EWCA Civ 365 Links: Bailii Statutes: Contracts (Applicable Law) Act 1990 Jurisdiction: England and Wales Contract, Jurisdiction Updated: 17 November 2022; Ref: scu.472867
The parties disputed the jurisdiction of the English courts over a letter of credit. It foresaw payment here and in sterling, made by the English bank as against the appropriate documents. Authority had been given for service out of the jurisdiction. Held: The English courts had jurisdiction in this issue. ‘[T]he correct approach for the … Continue reading Pt Pan Indonesia Bank Ltd Tbk v Marconi Communications International Ltd: CA 27 Apr 2005
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 … Continue reading Ennstone Building Products Ltd v Stanger Ltd: CA 28 Jun 2002
The claimant sought damages from what were said to be speculative trades carried out by the defendant whilst working in Russia. The claims were in both equity and in tort. He was a director of the company which was incorporated in Guernsey. Held: If the acts complained of did not relate to the constitution of … Continue reading Base Metal Trading Ltd v Shamurin: CA 14 Oct 2004
The claimant sought an account from the defendant share broker for the proceeds of share transactions. The defendant said the matter should be tried in Hong Kong. Held: The claimant must show a good arguable case. Here there was evidence to support the claimant’s assertion of the use of an address in England, and a … Continue reading Staines v Walsh, Howard: ChD 14 Mar 2003
The claimant had failed to obtain an order under a compromise agreement ordering that a foreign resident was not to be contacted. Held: The place of performance of an obligation not to contact somebody under the Convention was the place of residence of the person who was not to be contacted, not that of the … Continue reading Kenburn Waste Management Ltd v Bergmann: CA 30 Jan 2002
The respondent had purchased a substantial machine. It broke down, and they sought repairs under a claimed warranty. Spares were provided, but against an undertaking to pay for them. When the spares were not paid for the ship was arrested, and released on an undertaking, The undertaking provided for English law to apply, but said … Continue reading Aeolian Shipping SA v ISS Machinery Services Ltd: CA 20 Jul 2001
An assigned marine insurance policy was subject to a claim. The issue was the ability of an assignee to claim as a claim in contract where the proper law was that under which the contract was made, or a claim of an intangible right to claim against insurers, a proprietary right resolved by the lex … Continue reading Raffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others: CA 1 Mar 2001
A marine insurance policy governed by English law but made with French insurers was assigned, but notice of the assignment was not made according to French law through a bailiff. Nevertheless recovery under the policy was ordered. Under the Rome Convention the validity of the assignment was governed by the law which in turn governed … Continue reading Raiffeisen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others: QBD 21 Jun 2000
The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. Proceedings were also begun in England, and the original Canadian claimant now appealed a … Continue reading OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005
The pursuers and defenders disagreed over which of their respective terms and conditions controlled the sale of equipment, under which the pursuers sought damages for faults in the goods. Both quotation, and order purported to include the respective . .
The claimant, incorporated in Texas, took global transportation insurance with the first defendant, a Texan company, to cover its businesses in Europe. Proceedings began in England to avoid the global transportation insurance policy issued in Texas. The judge set aside service on one defendant and stayed the proceedings against the other, saying the contract was … Continue reading American Motorists Insurance Co (Amico) v Cellstar Corporation and another: CA 4 Mar 2003
