Westbase Technology Limited v Vuzix Corporation & Ors

Westbase Technology Limited v Vuzix Corporation & Ors

The court found a good arguable case that an oral contract exists and that England is the appropriate forum, but the tort claims do not meet the serious issue to be tried threshold. The Permission Order is upheld for the contract claim but varied to exclude tort claims. No deliberate failure in full and frank disclosure was found, so the Permission Order is not set aside in full.

Parties
Claimant/respondent: Westbase Technology Limited; Defendant/applicant: Vuzix Corporation; Defendant/applicant: Alison Jameson, as representative of the estate of Mr Peter Jameson (deceased); Defendant/applicant: Mr Paul Travers
Jurisdiction
England and Wales
Judgment Date
02 June 2026
Procedural Posture
Commercial Contract and Tort Dispute / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction
Outcome
Permission Order upheld for contract claim against D1; varied to exclude tort claims against D1, D2, and D3; not set aside in full.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Choice of Law, Forum Conveniens, Breach of Contract, Negligent Misrepresentation, Negligent Misstatement, Full and Frank Disclosure
Private International Law Contract Law Tort Law Civil Procedure Jurisdiction Service Out of Jurisdiction Choice of Law Forum Conveniens +4 more

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Parties

Westbase Technology Limited

Claimant/respondent

Vuzix Corporation

Defendant/applicant

Alison Jameson, as representative of the estate of Mr Peter Jameson (deceased)

Defendant/applicant

Mr Paul Travers

Defendant/applicant

Procedural Posture

Commercial Contract and Tort Dispute / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to hear claims against foreign defendants
  2. 2 Whether there is a good arguable case that an oral contract exists
  3. 3 Whether the contract is governed by English law

Ratio Decidendi

The court found a good arguable case that an oral contract exists and that England is the appropriate forum, but the tort claims do not meet the serious issue to be tried threshold. The Permission Order is upheld for the contract claim but varied to exclude tort claims. No deliberate failure in full and frank disclosure was found, so the Permission Order is not set aside in full.

Court Disposition

Permission Order upheld for contract claim against D1; varied to exclude tort claims against D1, D2, and D3; not set aside in full.

Orders

  • Permission to serve contract claim out of jurisdiction against Vuzix Corporation (D1) is upheld.
  • Permission to serve tort claims out of jurisdiction against all defendants is revoked.