Frost & Anor v. Cintec International Ltd [2005] ScotCS CSOH_119 (09 September 2005)

Frost & Anor v. Cintec International Ltd [2005] ScotCS CSOH_119 (09 September 2005)

There were no relevant averments connecting the defender to Scotland, and none of the statutory exceptions to the general rule of domicile applied. The letters between the parties did not constitute a contract to be performed in Scotland. The Scottish court therefore lacked jurisdiction.

Citation
[2005] ScotCS CSOH_119
Parties
Pursuer: Martin Frost; Pursuer: John Parkes; Defender: Cintec International Limited
Jurisdiction
Scotland
Judgment Date
09 September 2005
Procedural Posture
Civil (intellectual Property/infringement) / Jurisdictional Challenge (preliminary)
Outcome
Action dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Patent Infringement, Res Judicata
Civil Procedure Intellectual Property Jurisdiction Patent Infringement Res Judicata

Case Brief

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Parties

Martin Frost

Pursuer

John Parkes

Pursuer

Cintec International Limited

Defender

Procedural Posture

Civil (intellectual Property/infringement) / Jurisdictional Challenge (preliminary)

Legal Issues

  1. 1 Whether the Scottish court has jurisdiction over the defender domiciled in Wales for alleged patent infringement.
  2. 2 Whether any exception to the general rule of domicile applies under the Civil Jurisdiction and Judgments Act 1982 and its Schedules.

Ratio Decidendi

There were no relevant averments connecting the defender to Scotland, and none of the statutory exceptions to the general rule of domicile applied. The letters between the parties did not constitute a contract to be performed in Scotland. The Scottish court therefore lacked jurisdiction.

Court Disposition

Action dismissed for want of jurisdiction.

Orders

  • Sustain the defender's plea-in-law.
  • Dismiss the action.