Bitwise v. CPS Broadcast Products BV [2002] ScotCS 280 (23 October 2002)

Bitwise v. CPS Broadcast Products BV [2002] ScotCS 280 (23 October 2002)

The court lacks jurisdiction over the damages claim because the obligation forming the basis of that claim is an implied obligation not averred to be performable in Scotland; the pursuers failed to make relevant averments as required under Article 5(1) of the Brussels Convention. The payment claim is sufficiently averred to proceed to proof.

Citation
[2002] ScotCS 280
Parties
Pursuer: Bitwise Limited; Defender: CPS Broadcast Products BV
Jurisdiction
Scotland
Judgment Date
23 October 2002
Procedural Posture
Commercial Contract Dispute / Interlocutory Judgment on Jurisdiction and Relevancy
Outcome
Partial dismissal; proof before answer allowed on remaining claim
Legal Topics
Jurisdiction Under Brussels Convention, Implied Contractual Terms, Damages for Breach of Contract, Payment Obligations, Choice of Law
Private International Law Contract Law Civil Procedure Jurisdiction Under Brussels Convention Implied Contractual Terms Damages for Breach of Contract Payment Obligations Choice of Law

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Parties

Bitwise Limited

Pursuer

CPS Broadcast Products BV

Defender

Procedural Posture

Commercial Contract Dispute / Interlocutory Judgment on Jurisdiction and Relevancy

Legal Issues

  1. 1 Whether the Scottish Court has jurisdiction over the claim for damages for breach of an implied contractual term under Article 5(1) of the Brussels Convention
  2. 2 Whether the pursuers' averments regarding the implied term are relevant
  3. 3 Whether the payment claim is supported by relevant averments

Ratio Decidendi

The court lacks jurisdiction over the damages claim because the obligation forming the basis of that claim is an implied obligation not averred to be performable in Scotland; the pursuers failed to make relevant averments as required under Article 5(1) of the Brussels Convention. The payment claim is sufficiently averred to proceed to proof.

Court Disposition

Partial dismissal; proof before answer allowed on remaining claim

Orders

  • Decree of dismissal granted in respect of the second conclusion (damages claim) for lack of jurisdiction
  • Proof before answer allowed on the first conclusion (payment claim)