Coys of Kensington Automobiles Ltd v Pugliese [2011] EWHC 655 (QB) (22 March 2011)

Coys of Kensington Automobiles Ltd v Pugliese [2011] EWHC 655 (QB) (22 March 2011)

The Claimant has a much better argument than the Defendant that the requirements of Article 23(1) are met, and that Clause 5 conferring jurisdiction on the English courts was the subject of consensus between the parties, based on an objective analysis of the signed bidding form referencing the conditions of business.

Citation
[2011] EWHC 655 (QB)
Parties
Claimant/appellant: Coys of Kensington Automobiles Limited; Defendant/respondent: Tiziana Pugliese
Jurisdiction
England and Wales
Judgment Date
22 March 2011
Procedural Posture
Appeal / Judgment on Appeal Against Jurisdiction Decision
Outcome
Appeal allowed
Legal Topics
Jurisdiction, Contractual Consensus, EU Law—article 23 Council Regulation 44/2001
Civil Procedure Private International Law Jurisdiction Contractual Consensus EU Law—article 23 Council Regulation 44/2001

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Parties

Coys of Kensington Automobiles Limited

Claimant/appellant

Tiziana Pugliese

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Jurisdiction Decision

Legal Issues

  1. 1 Whether English courts have jurisdiction under Article 23(1) of Council Regulation 44/2001 based on consensus to jurisdiction clause
  2. 2 Whether the Defendant consented to the jurisdiction clause in Claimant's conditions of business

Ratio Decidendi

The Claimant has a much better argument than the Defendant that the requirements of Article 23(1) are met, and that Clause 5 conferring jurisdiction on the English courts was the subject of consensus between the parties, based on an objective analysis of the signed bidding form referencing the conditions of business.

Court Disposition

Appeal allowed

Orders

  • English courts have jurisdiction over the claim
  • Parties to agree on the form of order and ancillary matters