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 a company, it must relate to its internal management. Where the claim related to the duties inherent in the office of director, the claim should be heard in the place of incorporation wherever the acts complained of took place. Russian law was applicable for the claim in tort, but Guernsey, where the company was incorporated, was the proper law of the claim in equity.
Judges:
Lady Justice Arden Lord Justice Tuckey Mr Justice Newman
Citations:
[2004] 4 All ER 1, [2004] EWCA Civ 1316, Times 01-Nov-2004
Links:
Statutes:
Contracts (Applicable Law) Act 1990
Jurisdiction:
England and Wales
Citing:
Appeal from – Base Metal Trading Ltd v Shamurin ComC 22-Oct-2003
. .
Cited – Cordoba Shipping Co Ltd v National State Bank, Elizabeth, New Jersey (The Albaforth) CA 1984
A negligent misrepresentation was made in a telex sent from the United States but received and acted upon in England. The judge had set aside leave to serve the document out of the jurisdiction.
Held: The appeal succeeded. The transmission was . .
See Also – Base Metal Trading Ltd v Shamurin ComC 21-Nov-2001
. .
Cited by:
Cited – Harding v Wealands CA 17-Dec-2004
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied.
Held: The general rule in section 11 was not to . .
Lists of cited by and citing cases may be incomplete.
Company, Jurisdiction, Equity
Updated: 21 June 2022; Ref: scu.216419