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Commercial litigation - Jurisdiction
09 November 2011
On 28th October the High Court heard a case involving a challenge to the Court's jurisdiction.
The German Defendant sold a racing car to the Claimant. The car was delivered in Germany, for use in the UK. Under European law, the correct Country for proceedings was Germany unless the Claimant could show a good arguable case that the car should have been delivered to the UK. The Court found, on the evidence, a very strong case that the parties had agreed that delivery would take place in Germany, and indeed, that that is where delivery did in fact take place, without complaint from the Claimant.
The Court therefore found for the Defendant and ordered that the Defendant was entitled to have the claim brought in Germany.
Oliver Morley v Reiter Engineering GMBH & Co KG [2011] EWHC 2798 (Ch)
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Andrew Petchey, Partner, Litigation Team
