Source: All England Reporter
Publisher Citation: [2012] All ER (D) 103 (Feb)
Neutral Citation: [2012] EWCA Civ 88
Court: Court of Appeal, Civil Division
Judge: Lord Neuberger MR, Rix and Etherton LJJ
Representation David Phillips QC and Nicholas Yell (instructed by Carter-Ruck) for the claimants.
  Alexander Layton QC and Sudhanshu Swaroop (instructed by Mills & Reeve LLP) for the defendant.
Judgment Dates: 16 February 2012

Catchwords

Conflict of laws - Jurisdiction - Challenge to jurisdiction - Contracts between parties domiciled in convention countries - Claimants domiciled in Wales contracting for services with defendant Luxembourg firm - Pre-contractual documentation agreeing English law and jurisdiction - Contract containing Luxembourg law and jurisdiction - Claimants' domicile moved to Spain - Claimants issuing proceedings in England against Defendant - Court finding English courts having no jurisdiction - Claimants appealing - Whether court erring.

The Case

Conflict of laws Jurisdiction. The Court of Appeal, Civil Division, dismissed the appeal against the court's finding that it had no jurisdiction under the Council Regulation (EC) 44-2001, on the basis that domicile was to be judged at the date of suit, rather than at the date of the formation of the contracts, breach of which formed the basis of the claim.

Practice Areas

View Digest What is the Digest

The judgment for this case is forthcoming.

What is the full transcript

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases