Esheria Scotland Case Law
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Scotland Case Law

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Private international law [2002] ScotCS 280

Bitwise v. CPS Broadcast Products BV

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

The court held it lacked jurisdiction over a damages claim under Article 5(1) of the Brussels Convention, but allowed the payment claim to proceed to proof.

  • Jurisdiction under brussels convention
  • Implied contractual terms
  • Damages for breach of contract
  • Payment obligations
  • Choice of law
  • Jurisdiction-under-brussels-convention
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Private international law [1999] ScotCS 223

Ferguson Shipbuilders Ltd v Voith Hydro GMBH & Co & Ors

Ferguson Shipbuilders Ltd v Voith Hydro GMBH & Co & Ors [1999] ScotCS 223 (23 September 1999)

The Court of Session held it had jurisdiction because a contract for propeller systems was concluded in Scotland and the relevant performance was to occur there.

  • Jurisdiction under brussels convention
  • Applicable law under rome convention
  • Formation of contract
  • Battle of the forms
  • Interpretation of contractual negotiations
  • Contract-formation
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.