17 Sept 2008
MH PUBLICATIONS LIMITED V KOMORI (UK) LIMITED AND ORS HC AK CIV 2007-404-6520
- Citation
- openlaw-6f5fd406_c0e6_41dc_b730_0ced47c20753.pdf
- Court
- High Court
The exclusive English jurisdiction clause was not incorporated into the contract; some causes (tortious claims and contractual breach) gave a prima facie connection under r219 but on balance of convenience and connecting factors England was the clearly more appropriate forum, so the plaintiff's interlocutory application to set aside protests was dismissed and the proceedings were stayed pending resolution in England.