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 person against whom the order was made. The applicable law was therefore the place of residence of the person protected. The connection attached to the person not the place.
Judges:
Lord Justice Aldous, Lord Justice Robert Walker and Lord Justice Keene
Citations:
Times 04-Feb-2002, [2002] EWCA Civ 98
Links:
Statutes:
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 Art 5, Civil Jurisdiction and Judgments Act 1982, Contracts (Applicable Law) Act 1990
Jurisdiction:
England and Wales
Citing:
Appeal from – Kenburn Waste Management Ltd v Bergmann ChD 9-Jul-2001
By a contract, a party accepted an obligation not to contact persons in a certain country. When a breach was alleged, the question arose as to in which jurisdiction the breach had occurred. It was held that the obligation was a negative obligation . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 06 June 2022; Ref: scu.167542