The parties disputed the proper law governing a commercial agency agreement between them. . .
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 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 . .
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A syndicate, of which Erlanger (Orse Erlinger) was the head, purchased from an insolvent company an island, said to contain valuable mines of phosphates. Erlanger, who managed the purchase, prepared to get up a company to take over the island and . .
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 deceased army officer had been injured in a road traffic accident in Germany. His widow brought proceedings in the UK, anticipating a better damages award than might be available in Germany. She had assigned certain elements of her claim to the . .
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 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 . .
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.
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 . .
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 . .
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 . .
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 . .
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 . .