Jurisdiction clauses and Twenty20 vision

Recent discussions in our office about jurisdiction clauses have prompted IP Draughts to dust off this blog article from 2016. A more topical issue is what will happen to enforcement of judgments after Brexit, but that is part of a nightmare subject where, 3 years on from the referendum, we still have no certainty on what will happen and when. *And breathe…*

IP Draughts

deccanThis is a sad tale about an international business venture. When the deal goes sour, and it is near impossible to recover the millions that you are owed (despite a court order in your favour), what should you do? Ah yes, sue the lawyer who advised you on the deal. He must have done something wrong, he has insurance and he is based in a jurisdiction where the legal system works.

Specifically in this case, what should your lawyer advise in relation to choice of jurisdiction in the contract? We now have some guidance from the Court of Appeal.

The case of Wright v Lewis Silkin LLP [2016] EWCA Civ 1308 (21 December 2016) was reported on BAILII this week. Mr Wright was advised by the well-known London law firm, Lewis Silkin, on a contract under which Wright was hired as the chief executive of an Indian company, Deccan Chargers…

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