CORNWALL RENEWABLE DEVELOPMENTS LTD v WRIGHT, JOHNSTON & MACKENZIE LLP

CORNWALL RENEWABLE DEVELOPMENTS LTD v WRIGHT, JOHNSTON & MACKENZIE LLP

The Chief Master was entitled to find, on evaluative analysis of the pleaded case and facts, that the principal obligation was the provision of advice and agreements for negotiation and execution in England to satisfy English planning requirements, and that the place of performance was England. No error of law or evaluation was identified to justify appellate intervention.

Parties
Claimant/respondent: Cornwall Renewable Developments Ltd; Defendant/appellant: Wright, Johnston & Mackenzie LLP
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Appeal / Judgment on Appeal Against Order Dismissing Jurisdictional Challenge
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Contractual Obligations, Tortious Liability, Solicitors' Duties
Civil Procedure Conflict of Laws Professional Negligence Jurisdiction Contractual Obligations Tortious Liability Solicitors' Duties

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Parties

Cornwall Renewable Developments Ltd

Claimant/respondent

Wright, Johnston & Mackenzie LLP

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Order Dismissing Jurisdictional Challenge

Legal Issues

  1. 1 What is the principal 'obligation in question' for the purposes of Rule 3(a) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982?
  2. 2 Where is the 'place of performance' of that obligation?
  3. 3 Did the Chief Master err in law or evaluation in finding England as the place of performance?

Ratio Decidendi

The Chief Master was entitled to find, on evaluative analysis of the pleaded case and facts, that the principal obligation was the provision of advice and agreements for negotiation and execution in England to satisfy English planning requirements, and that the place of performance was England. No error of law or evaluation was identified to justify appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The parties are to agree a draft minute of order reflecting these findings and any consequential matters.