BN RENDERING LIMITED AGAINST EVERWARM LIMITED [2018] ScotCS CSOH_45 (27 April 2018)

BN RENDERING LIMITED AGAINST EVERWARM LIMITED [2018] ScotCS CSOH_45 (27 April 2018)

Express reference in the subcontract order to the defender's terms and conditions, which include the exclusive jurisdiction clause, is sufficient to demonstrate real consent under the Civil Jurisdiction and Judgments Act 1982; clause 14 is clear and unambiguous, covering all disputes including enforcement of adjudicator's awards; Scottish courts have no jurisdiction.

Citation
[2018] ScotCS CSOH_45
Parties
Pursuer: BN Rendering Ltd; Defender: Everwarm Ltd
Jurisdiction
Scotland
Judgment Date
27 April 2018
Procedural Posture
Commercial Court Action for Enforcement of Adjudicator's Decision / Jurisdictional Challenge (debate)
Outcome
Action dismissed for lack of jurisdiction
Legal Topics
Exclusive Jurisdiction Clauses, Consent to Jurisdiction, Enforcement of Adjudicator's Awards, Construction Contracts
Contract Law Civil Procedure Jurisdiction Exclusive Jurisdiction Clauses Consent to Jurisdiction Enforcement of Adjudicator's Awards Construction Contracts

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Parties

BN Rendering Ltd

Pursuer

Everwarm Ltd

Defender

Procedural Posture

Commercial Court Action for Enforcement of Adjudicator's Decision / Jurisdictional Challenge (debate)

Legal Issues

  1. 1 Whether Scottish courts have jurisdiction in light of exclusive jurisdiction clause
  2. 2 Whether clause 14 satisfies statutory requirements for consent under Civil Jurisdiction and Judgments Act 1982
  3. 3 Scope of exclusive jurisdiction clause regarding enforcement of adjudicator's awards

Ratio Decidendi

Express reference in the subcontract order to the defender's terms and conditions, which include the exclusive jurisdiction clause, is sufficient to demonstrate real consent under the Civil Jurisdiction and Judgments Act 1982; clause 14 is clear and unambiguous, covering all disputes including enforcement of adjudicator's awards; Scottish courts have no jurisdiction.

Court Disposition

Action dismissed for lack of jurisdiction

Orders

  • Defender's plea in law sustained
  • Pursuer's pleas in law repelled