(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction.
Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement had been in place before the written contract was executed did not override what was an enforceable choice of jurisdiction.
Judges:
Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Citations:
[2005] UKPC 45, [2007] 1 WLR 12, [2007] 1 All ER (Comm) 461, [2007] 1 LLR 683, [2007] 1 Lloyd’s Rep 683
Links:
Statutes:
Council Regulation (EC) 44/2001 2(1) 23(1)
Jurisdiction:
England and Wales
Citing:
Cited – Estasis Salotti Di Colzani Aimo Et Gianmario Colzani v Ruewa Polstereimaschinen Gmbh ECJ 14-Dec-1976
ECJ The way in which article 17 of the Convention of 27 September 1968 is to be applied must be interpreted in the light of the effect of the conferment of jurisdiction by consent, which is to exclude both the . .
Cited – Partenreederei Ms Tilly Russ and Ernest Russ v NV Haven- and Vervoerbedrijf Nova and NV Goeminne Hout ECJ 19-Jun-1984
Europa Convention on jurisdiction and the enforcement of judgments – jurisdiction agreement – jurisdiction clause in a bill of lading – validity – conditions (convention of 27 September 1968, art. 17)
a . .
Cited – Vitkovice Horni a Hutni Tezirstvo v Korner HL 1951
The ordinary principles of international comity were invaded when courts permitted service out of jurisdiction and that the courts should therefore approach with circumspection any application for leave to serve a foreigner out of the jurisdiction. . .
Cited – Attock Cement Co v Romanian Bank for Foreign Trade CA 1989
Where the parties to a contract have agreed to an English forum it would require strong grounds for one of the parties to resist the exercise of jurisdiction by the English court: ‘We should also look with favour on a choice of our own jurisdiction, . .
Cited – Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran HL 15-Oct-1993
A plaintiff must show that there is a ‘serious issue for trial’ to support and justify an application for overseas service. The standard of proof in respect of the cause of action relied on is whether, on the evidence, there was a serious question . .
Cited – Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA ECJ 7-Mar-1995
On a proper construction of the expression ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended by the Convention . .
Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Cited – Handelsveem Bv and Others v Coreck Maritime GmbH ECJ 1-Dec-2000
When a court looked at a choice of the jurisdiction clause, it was not necessary that the clause should withoutmore establish the jurisdiction. A clause could be effective where the forum will be ascertainable at the time by reference to a the . .
Approved – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – F Berghoefer GmbH and Co KG v ASA SA ECJ 11-Jul-1985
Brussels Convention – Interpretation of Article 17 – Validity of an oral jurisdiction agreement confirmed in writing by one party only.
‘It must be pointed out that . . article 17 of the Convention does not expressly require that the written . .
Cited by:
Cited – Varsani v Relfo Ltd CA 27-May-2010
The defendant appealed against refusal of a declaration that the court had no jurisdiction to hear the claim. He said that he lived in Kenya, and the claimant had failed first to apply for leave to serve out of the jurisdiction. The claimant had . .
Cited – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Jurisdiction, European
Updated: 27 November 2022; Ref: scu.245388