||All England Reporter
|| All ER (D) 305 (Nov)
||Queen's Bench Division, Commercial Court
||Edmund Broadbent (instructed by Holman Fenwick & Willan) for B Ltd.
||Adrian Briggs (instructed by Vizard Oldham) for S.
||21 November 2001
Conflict of laws - Contract - Proper law of contract - Director of company - Company incorporated in Guernsey to sell Russian metal - Director entering into transactions on London metal exchange - Company bringing proceedings alleging breach of director's duties, contract of employment and tort - Defendant applying for summary judgment on basis claims all necessarily governed by Russian law - Whether proceedings arising out of single obligation ||Whether proper law of claims Russian law.
In an action for summary judgment by the defendant in a claim arising out of transactions on the London metal exchange which the defendant had carried out when employed by the claimant Guernsey company in respect of Russian metal procured by the company, it was held that the claim did have a reasonable prospect of success on the facts which should proceed to trial and accordingly the application would be dismissed.
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