Exclusive jurisdiction of the English Courts

RoboRat

These conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English Courts.

Quick question, does an agreement drawn up submitting to exclusive jurisdiction of the English courts hold any water in the Irish judicial system?

234

RoboRat wrote: »

Quick question, does an agreement drawn up submitting to exclusive jurisdiction of the English courts hold any water in the Irish judicial system?

Absolutely, choice of law and jurisdiction clauses are recognised on an EU-wide basis. There are exceptions based on particular circumstances that a solicitor could give more detail on, but the default position is that another court will not accept jurisdiction once there is a choice in the contract.

Manach

Offhand and subject to correction, if one of the parties is a consumer then the home jurisidication is that of the consumer and thus cannot be void by contract - at least from what I remember from the E-commerce directive.

234

Manach wrote: »

Offhand and subject to correction, if one of the parties is a consumer then the home jurisidication is that of the consumer and thus cannot be void by contract - at least from what I remember from the E-commerce directive.

Art 16 of the Brussels Regulation. Consumer can chose to sue where the counter-party is located or in their own domicile.

RoboRat

OK thanks guys, one other quick question.

If terms and conditions of an agreement are sent as part of an email but at no point is there reference to these terms and conditions and the agreement is done by distance selling in a B2B environment, can the party who sent the terms and conditions assume acceptance when a contract is formed?

Eg, if company A gets a price for a few separate jobs, gets one done and then cancels the rest, paying for the job they got done and giving ample notice for the cancellation of the rest of the jobs. Can company B proceed with the jobs that were cancelled and charge you for them stating their terms and conditions require 2 months cancelation notice?

nickyy99

useful

Tom Young

This decision by Justice Clarks in Ryanair v Bravofly sets out the logic and what a court might do in the context of such as a case coming before it: http://courts.ie/Judgments.nsf/0/EA5DBFE0D19AE23E8025756E00571E84

Also the case of Nestorway v Ambaflex: http://courts.ie/Judgments.nsf/0/5456FF194F691FF6802571F00053CB88