Coys of Kensington Automobiles Ltd v Pugliese

Coys of Kensington Automobiles Ltd v Pugliese

On an objective analysis of the signed bidding form, which expressly referred to the conditions of business containing the jurisdiction clause, the Claimant had a much better argument that Article 23(1) was satisfied and consensus as to the jurisdiction clause was clearly and precisely demonstrated, regardless of the Defendant’s subjective understanding or knowledge.

Parties
Claimant/appellant: Coys of Kensington Automobiles Limited; Defendant/respondent: Tiziana Pugliese
Jurisdiction
England and Wales
Judgment Date
22 March 2011
Procedural Posture
Civil Appeal / Appeal From Decision on Jurisdiction
Outcome
Appeal allowed
Legal Topics
Jurisdiction, Contractual Clauses, Brussels Regulation, Choice of Law, Standard Terms
Civil Procedure Private International Law Jurisdiction Contractual Clauses Brussels Regulation Choice of Law Standard Terms

Case Brief

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Parties

Coys of Kensington Automobiles Limited

Claimant/appellant

Tiziana Pugliese

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Decision on Jurisdiction

Legal Issues

  1. 1 Whether the English courts have jurisdiction under Article 23(1) of the Brussels Regulation based on a jurisdiction clause in standard terms
  2. 2 Whether there was consensus between the parties as to the jurisdiction clause

Ratio Decidendi

On an objective analysis of the signed bidding form, which expressly referred to the conditions of business containing the jurisdiction clause, the Claimant had a much better argument that Article 23(1) was satisfied and consensus as to the jurisdiction clause was clearly and precisely demonstrated, regardless of the Defendant’s subjective understanding or knowledge.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; parties to agree on the form of order and ancillary matters