Caledonia Subsea Ltd v Micoperi SRL [2001] ScotCS 56 (9 March 2001)

The contract is not more closely connected with Egypt than with Scotland; the presumption in Article 4.2 is not rebutted. The applicable law is Scots law. The pursuer entered into the contract as principal and has title to sue.

Citation: [2001] ScotCS 56
Parties: Pursuer: Caledonia Subsea Limited; Defender: Micoperi SRL
Jurisdiction: Scotland
Judgment Date: 09 March 2001
Procedural Posture: Preliminary Proof on Applicable Law in Contract Dispute / Interlocutory Determination of Applicable Law and Title to Sue
Outcome: Plea that pursuer has no title to sue is repelled; applicable law is Scots law; case to be put out By Order for further procedure.
Legal Topics: Applicable Law in International Contracts, Rome Convention Article 4, Conflict of Laws, Title to Sue

Private International Law Contract Law Applicable Law in International Contracts Rome Convention Article 4 Conflict of Laws Title to Sue

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Parties

Caledonia Subsea Limited

Pursuer

Micoperi SRL

Defender

Procedural Posture

Preliminary Proof on Applicable Law in Contract Dispute / Interlocutory Determination of Applicable Law and Title to Sue

Legal Issues

1 What is the law applicable to the contract for diving services between the parties?
2 Does the pursuer have title to sue as principal under the contract?

Ratio Decidendi

Court Disposition

Plea that pursuer has no title to sue is repelled; applicable law is Scots law; case to be put out By Order for further procedure.

Orders

Repel defender's second plea-in-law (no title to sue).
Hold that Scots law is the applicable law to the contract.