FISHERS SERVICES LIMITED v. ALL THAI'D UP LIMITED TRADING AS RICHMOND HOUSE HOTEL & MR ROY WILLIAMSON [2013] ScotSC 29 (28 March 2013)

FISHERS SERVICES LIMITED v. ALL THAI'D UP LIMITED TRADING AS RICHMOND HOUSE HOTEL & MR ROY WILLIAMSON [2013] ScotSC 29 (28 March 2013)

The sheriff erred in applying the Brussels I Regulation to a domestic case; paragraph 2(b) of Schedule 8 of the 1982 Act, aligned with the Brussels Convention, governs jurisdiction. The place of performance of the obligation to pay is the creditor's place of business (Cupar), conferring jurisdiction on Cupar Sheriff Court.

Citation
[2013] ScotSC 29
Parties
Pursuer and Appellant: Fishers Services Limited; First Defender and Respondent: All Thai'd Up Limited t/a Richmond House Hotel; Second Defender and Respondent: Mr Roy Williamson
Jurisdiction
Scotland
Judgment Date
28 March 2013
Procedural Posture
Civil Appeal / Appeal Against Sheriff's Interlocutor on Jurisdiction
Outcome
Appeal allowed; sheriff's interlocutor recalled; jurisdiction of Cupar Sheriff Court sustained; case remitted for further proceedings.
Legal Topics
Jurisdiction, Place of Performance, Interpretation of Civil Jurisdiction and Judgments Act 1982, Application of Brussels Convention and Brussels I Regulation
Civil Procedure Contract Law Jurisdiction Place of Performance Interpretation of Civil Jurisdiction and Judgments Act 1982 Application of Brussels Convention and Brussels I Regulation

Case Brief

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Parties

Fishers Services Limited

Pursuer and Appellant

All Thai'd Up Limited t/a Richmond House Hotel

First Defender and Respondent

Mr Roy Williamson

Second Defender and Respondent

Procedural Posture

Civil Appeal / Appeal Against Sheriff's Interlocutor on Jurisdiction

Legal Issues

  1. 1 Whether Cupar Sheriff Court has jurisdiction over the contractual claim for payment of goods and services supplied
  2. 2 Proper interpretation of paragraph 2(b) of Schedule 8 of the Civil Jurisdiction and Judgments Act 1982 in domestic Scottish cases

Ratio Decidendi

The sheriff erred in applying the Brussels I Regulation to a domestic case; paragraph 2(b) of Schedule 8 of the 1982 Act, aligned with the Brussels Convention, governs jurisdiction. The place of performance of the obligation to pay is the creditor's place of business (Cupar), conferring jurisdiction on Cupar Sheriff Court.

Court Disposition

Appeal allowed; sheriff's interlocutor recalled; jurisdiction of Cupar Sheriff Court sustained; case remitted for further proceedings.

Orders

  • Recall of sheriff's interlocutor of 20 June 2012
  • Finds Cupar Sheriff Court has jurisdiction