Jurisdiction lottery?
Date:
22 November 2013
After securing a nine figure win on the Euromillions, high profile lottery winners Mr and Mrs Weir bought a new house and sought to add a greenhouse, garden room and pool house. In doing so, they engaged the services of Oak Leaf Conservatories Limited. Oak Leaf are a York based company specialising in the design, manufacture, supply and installation of high quality wood framed glazed structures.
Unfortunately, relations between the Weirs and Oak Leaf Conservatories broke down and Oak Leaf commenced proceedings against the Weirs in the Technology and Construction Court in London for breaching the terms of their contract resulting in the contract coming to an end. The Weirs disputed the jurisdiction of the English court. Instead, they argued that, as they lived in Ayrshire and Oak Leaf was to perform its contractual obligations in Scotland, any court action had to be brought in the Scottish courts.
The English court agreed with Mr and Mrs Weir - any action by Oak Leaf would have to be brought in Scotland (Oak Leaf Conservatories Limited v (1) Colin Weir (2) Christine Weir [2013] EWHC 3197 (TCC)). While the question of who paid the legal teams' costs for the determination of this question is unreported, it is likely that it would be Oak Leaf who would have to bear this financial burden. All of this, of course, before any court has actually considered the substance of the dispute.
At Morton Fraser, we can't help you win the lottery but our dedicated team of Scottish and English qualified solicitors can advise you on questions of jurisdiction, where to pursue any claim you may have and how to avoid the unnecessary financial burden of jurisdictional challenges.
