Source: All England Reporter
Publisher Citation: [2012] All ER (D) 169 (May)
Neutral Citation: [2012] EWHC 1188 (QB)
Court: Queen's Bench Division
Judge:

Judge Mackie QC sitting as a judge of the High Court

Representation Fergus Randolph QC (instructed by Radcliffes Le Brasseur) for the claimant.
  Matthew Parker (instructed by DLA Piper) for the defendant.
Judgment Dates: 15 May 2012

Catchwords

Conflict of laws - Jurisdiction - Challenge to jurisdiction - Defendant terminating agency of claimant - Claimant seeking compensation and contending that English law governing agency agreement - Defendant contending Spanish law governing agency agreement - Whether agency agreement governed by Spanish or English law - Convention on the Law Applicable to Contractual Obligations 1980, arts 3,4.

The Case

Conflict of laws Jurisdiction. The Queen's Bench Division held that the applicable law of the commercial agency agreement between the parties was Spanish, not English law applying arts 3 and 4 of the Convention on the Law Applicable to Contractual Obligations 1980.

Practice Areas

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