Rayner v Davies [2002] EWCA Civ 1880 (19 December 2002)

Rayner v Davies [2002] EWCA Civ 1880 (19 December 2002)

Article 13(3) of the Brussels Convention does not apply because the contract was not preceded by a 'specific invitation' or advertising by the defendant in the UK; the claimant solicited the defendant's services, and there was no marketing or solicitation by the defendant in England. Therefore, the English courts...

Source-derived case information.

Citation
[2002] EWCA Civ 1880
Parties
Claimant/appellant: Andrew Rayner; Respondent/defendant: Richard Davies
Jurisdiction
England and Wales
Judgment Date
19 December 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Jurisdictional Challenge
Outcome
Appeal dismissed
Legal Topics
Jurisdiction Under Brussels Convention, Consumer Contracts, Interpretation of 'specific Invitation', Stay of Proceedings
Private International Law Civil Procedure Jurisdiction Under Brussels Convention Consumer Contracts Interpretation of 'specific Invitation' Stay of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Andrew Rayner

Claimant/appellant

Richard Davies

Respondent/defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court has jurisdiction under Article 13 of the Brussels Convention over a claim by a consumer against a service provider domiciled in another contracting state
  2. 2 Whether the contract was preceded by a 'specific invitation' addressed to the consumer in the UK

Ratio Decidendi

Article 13(3) of the Brussels Convention does not apply because the contract was not preceded by a 'specific invitation' or advertising by the defendant in the UK; the claimant solicited the defendant's services, and there was no marketing or solicitation by the defendant in England. Therefore, the English courts have no jurisdiction, and the defendant is entitled to be sued in Italy under Article 2.

Court Disposition

Appeal dismissed

Orders

  • Proceedings stayed for lack of jurisdiction in England
  • Costs awarded against the appellant