Ennstone Building Products Ltd v Stanger Ltd: CA 28 Jun 2002

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:

Bailii

Statutes:

Contracts (Applicable Law) Act 1990

Jurisdiction:

England and Wales

Jurisdiction, Contract

Updated: 29 August 2022; Ref: scu.174983