Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) (29 August 2014)

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) (29 August 2014)

Fern cannot pass through the CPR service out gateways because the contract is governed by Texas law and the claim under the Regulations is statutory, not contractual. The English court lacks jurisdiction to permit service out under the propounded gateways. The Commercial Agents Regulations do not override the...

Source-derived case information.

Citation
[2014] EWHC 2908 (Ch)
Parties
Claimant: Fern Computer Consultancy Ltd; Defendant: Intergraph Cadworx & Analysis Solutions Inc
Jurisdiction
England and Wales
Judgment Date
29 August 2014
Procedural Posture
Application to Set Aside Order for Service Out of Jurisdiction / Judgment on Application
Outcome
Application granted; order for service out of jurisdiction set aside
Legal Topics
Jurisdiction, Commercial Agents Regulations, Choice of Law, Service Out of Jurisdiction, Statutory Rights Vs Contractual Rights
Commercial Law Conflict of Laws Agency Law Jurisdiction Commercial Agents Regulations Choice of Law Service Out of Jurisdiction Statutory Rights Vs Contractual Rights

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Parties

Fern Computer Consultancy Ltd

Claimant

Intergraph Cadworx & Analysis Solutions Inc

Defendant

Procedural Posture

Application to Set Aside Order for Service Out of Jurisdiction / Judgment on Application

Legal Issues

  1. 1 Whether Fern can serve proceedings out of jurisdiction against Intergraph under CPR gateways
  2. 2 Whether the Commercial Agents Regulations override contractual choice of Texas law and jurisdiction
  3. 3 Whether Fern's claim under the Regulations is contractual or statutory

Ratio Decidendi

Fern cannot pass through the CPR service out gateways because the contract is governed by Texas law and the claim under the Regulations is statutory, not contractual. The English court lacks jurisdiction to permit service out under the propounded gateways. The Commercial Agents Regulations do not override the jurisdiction and choice of law clause for the purposes of the CPR gateways.

Court Disposition

Application granted; order for service out of jurisdiction set aside

Orders

  • Permission to serve out of jurisdiction refused
  • Application to set aside order for service out granted