Caledonia Water Alliance against Electrosteel Castings (UK) LTD (Court of Session) [2024] CSOH 87 (13 September 2024)

Caledonia Water Alliance against Electrosteel Castings (UK) LTD (Court of Session) [2024] CSOH 87 (13 September 2024)

The court held that, objectively construed, the contracts between the pursuer and defender were governed by Scottish Water's Standard Terms, as evidenced by the framework agreement, industry practice, the parties' conduct, and the absence of acceptance of either party's own standard terms. Accordingly, the Scottish courts have jurisdiction.

Citation
[2024] CSOH 87
Parties
Pursuer: Caledonia Water Alliance; Defender: Electrosteel Castings (UK) Limited
Jurisdiction
Scotland
Judgment Date
13 September 2024
Procedural Posture
Commercial Action / Preliminary Proof on Jurisdiction
Outcome
Court of Session has jurisdiction; defender's plea-in-law on jurisdiction repelled.
Legal Topics
Battle of the Forms, Framework Agreements, Terms and Conditions, Objective Construction, Jurisdiction Clauses
Contract Law Commercial Law Jurisdiction Battle of the Forms Framework Agreements Terms and Conditions Objective Construction Jurisdiction Clauses

Case Brief

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Parties

Caledonia Water Alliance

Pursuer

Electrosteel Castings (UK) Limited

Defender

Procedural Posture

Commercial Action / Preliminary Proof on Jurisdiction

Legal Issues

  1. 1 Which terms and conditions govern the 60 supply contracts between pursuer and defender?
  2. 2 Does the Court of Session have jurisdiction based on the applicable terms?

Ratio Decidendi

The court held that, objectively construed, the contracts between the pursuer and defender were governed by Scottish Water's Standard Terms, as evidenced by the framework agreement, industry practice, the parties' conduct, and the absence of acceptance of either party's own standard terms. Accordingly, the Scottish courts have jurisdiction.

Court Disposition

Court of Session has jurisdiction; defender's plea-in-law on jurisdiction repelled.

Orders

  • Scottish Water's Standard Terms apply to the contracts.
  • Defender's first plea-in-law repelled.