Source: All England Reporter
Publisher Citation: [2009] All ER (D) 45 (Oct)
Court: Queen's Bench Division, Commercial Court
Judge:

Field J (judgment delivered extempore)

Representation Geraldine Clark (instructed by Davies Johnson (Geneva)) for the claimant.
  David Lewis (instructed by Hill Dickinson) for the defendant.
Judgment Dates: 28 September 2009

Catchwords

Conflict of laws - Jurisdiction - Civil and commercial matters - Contract - Breach - Oral and written agreements between parties - Claimant contending breach by defendant - Defendant submitting English court not appropriate forum - Whether English courts having jurisdiction - Lugano Convention 1988 art 17.

The Case

Conflict of laws Jurisdiction. The Queens Bench Division, Commercial Court held that the claimant had not made out a better argument than the defendant as to where the suitable venue for jurisdiction should be under art 17(1) of the Lugano Convention 1988 and accordingly, the court declined jurisdiction.

Practice Areas

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