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Breach of contract case - My company Vs a UK company

  • 16-10-2012 4:14pm
    #1
    Registered Users, Registered Users 2 Posts: 81 ✭✭


    Hi guys,

    I have been the exclusive distributor, in the ROI, for a UK company for three years. We had verbal agreements and contracts were exchanged but never signed.

    A few weeks ago they came and told us that they were appointing another distributor here immediately, and they would not give us any guarantees of our position going forward. They are obviously in breach of contract, but i am not sure if i have enough evidence to be certain a court will agree, and conclude in my favour.

    We have now received notice from their solicitors, saying that: they are bringing a UK court date to recover monies due, and as per their T&Cs, the UK courts are the only jurisdiction where proceedings can be held.

    My question: If i was to bring a breach of contract case, would we have to go to the UK to do so, or would the case be held here in Ireland?

    If the case can be held in Ireland - does anyone have broad outline figures for what this might cost me if we lost? (I realise this may be a "how long is a piece of string" question, but hoping someone might be able to enlighten me as to what the starting price might be)

    any help greatly appreciated.

    Alan


Comments

  • Registered Users, Registered Users 2 Posts: 91 ✭✭Indo404


    Alan,

    I have send you a PM.

    Ben.


  • Posts: 0 [Deleted User]


    Do NOT accept legal advice online. The only thing worse than that would be actively looking for it.


  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    contracts tend to have a clause stating what the valid jurisdiction for disputes is so it would depend on your contract, I'd discuss the matter with an Irish solicitor and if you need to take a case in the UK I'm sure that your solicitor can find a UK solicitor for you


  • Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    bigalk wrote: »

    We have now received notice from their solicitors, saying that: they are bringing a UK court date to recover monies due, and as per their T&Cs, the UK courts are the only jurisdiction where proceedings can be held.

    Out of curiosity, not addressed to the op.


    But if a court in the UK jurisdiction makes an order for recovery of funds - is there any mechanism for those funds to be collected within the Irish jurisdiction?

    What are the potential problems, if you simply ignore the UK court?


  • Posts: 0 [Deleted User]


    krd wrote: »

    Out of curiosity, not addressed to the op.


    But if a court in the UK jurisdiction makes an order for recovery of funds - is there any mechanism for those funds to be collected within the Irish jurisdiction?

    What are the potential problems, if you simply ignore the UK court?

    European Enforcement Order granted here before the Master of the High Court gives it the same force of law as a domestic judgment of the High Court


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  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    In an uncontested case only where EEO is concerned.


  • Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    European Enforcement Order granted here before the Master of the High Court gives it the same force of law as a domestic judgment of the High Court

    If they get a judgment in favour of collecting funds in the UK, do they then need to raise a case in an Irish court to enforce the judgment?

    Or do they simply have to notify the Master of the High Court, and it's enforced as a debt within this jurisdiction?


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