Morin v Bonhams & Brooks Ltd & Anor

Morin v Bonhams & Brooks Ltd & Anor

The most significant elements of the alleged torts occurred in Monaco; the applicable law for claims against Bonhams & Brooks S.A.M. is Monegasque law. The contract was governed by Monegasque law, and the sale conditions were incorporated. Claims under the Misrepresentation Act 1967 and for rescission cannot succeed against Bonhams & Brooks Limited, as it was not a contracting party. No duty of care was owed by Bonhams & Brooks Limited. England is not the appropriate forum for claims against Bonhams & Brooks S.A.M.; permission to serve out of jurisdiction is refused and proceedings against Bonhams & Brooks Limited should be stayed or struck out.

Parties
Claimant: Thierry Morin; First Defendant: Bonhams & Brooks Limited; Second Defendant: Bonhams & Brooks S.A.M.
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Commercial / Interlocutory Application for Permission to Serve Out of Jurisdiction and Stay of Proceedings
Outcome
Permission to serve Bonhams & Brooks S.A.M. out of jurisdiction refused; proceedings against Bonhams & Brooks Limited to be stayed or struck out.
Legal Topics
Misrepresentation, Duty of Care, Jurisdiction, Choice of Law, Auction Sale, Joint Tortfeasor Liability
Private International Law Contract Law Tort Law Misrepresentation Duty of Care Jurisdiction Choice of Law Auction Sale +1 more

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Parties

Thierry Morin

Claimant

Bonhams & Brooks Limited

First Defendant

Bonhams & Brooks S.A.M.

Second Defendant

Procedural Posture

Commercial / Interlocutory Application for Permission to Serve Out of Jurisdiction and Stay of Proceedings

Legal Issues

  1. 1 Whether the English court has jurisdiction over Bonhams & Brooks S.A.M.
  2. 2 Whether proceedings against Bonhams & Brooks Limited should be stayed or struck out
  3. 3 Applicable law for tort and contract claims

Ratio Decidendi

The most significant elements of the alleged torts occurred in Monaco; the applicable law for claims against Bonhams & Brooks S.A.M. is Monegasque law. The contract was governed by Monegasque law, and the sale conditions were incorporated. Claims under the Misrepresentation Act 1967 and for rescission cannot succeed against Bonhams & Brooks Limited, as it was not a contracting party. No duty of care was owed by Bonhams & Brooks Limited. England is not the appropriate forum for claims against Bonhams & Brooks S.A.M.; permission to serve out of jurisdiction is refused and proceedings against Bonhams & Brooks Limited should be stayed or struck out.

Court Disposition

Permission to serve Bonhams & Brooks S.A.M. out of jurisdiction refused; proceedings against Bonhams & Brooks Limited to be stayed or struck out.

Orders

  • Permission to serve Bonhams & Brooks S.A.M. out of jurisdiction is refused.
  • Proceedings against Bonhams & Brooks Limited to be stayed or struck out, subject to counsel's submissions.