Q&As

If an Isle of Man resident, who is an individual, purchases a vehicle in England but then fails to pay, where the contract contains no jurisdictional clause, can the selling company sue the Isle of Man resident in the English courts for breach of contract? If so would the claimant selling company need permission of the court to serve proceedings outside of the jurisdiction?

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Published on LexisPSL on 15/06/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • If an Isle of Man resident, who is an individual, purchases a vehicle in England but then fails to pay, where the contract contains no jurisdictional clause, can the selling company sue the Isle of Man resident in the English courts for breach of contract? If so would the claimant selling company need permission of the court to serve proceedings outside of the jurisdiction?
  • About the Isle of Man
  • What is the applicable law and what is the correct jurisdiction?
  • Is permission of the court required to serve out of the jurisdiction?
  • Service of proceedings: special provision for the Isle of Man
  • How do you serve proceedings in the Isle of Man?

If an Isle of Man resident, who is an individual, purchases a vehicle in England but then fails to pay, where the contract contains no jurisdictional clause, can the selling company sue the Isle of Man resident in the English courts for breach of contract? If so would the claimant selling company need permission of the court to serve proceedings outside of the jurisdiction?

About the Isle of Man

The Isle of Man is a self-governing Crown dependency. It has never become part of the Kingdom of Great Britain or the United Kingdom and it is not part of the European Union. It has its own system of laws, although some Acts of Parliament in Westminster have been extended to the Isle of Man. As a consequence, none of the instruments comprising the European Regime (such as the Brussels or Lugano Conventions or the Judgments Regulation) or the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) will apply.

The Isle of Man is not listed as a member of the Hague Convention although it has made a declaration in respect of the Hague Service Convention, see here.

What is the applicable law and what is the correct jurisdiction?

Usually, in a commercial contract of sale, the law of the vendor’s place of business will govern the contract: Lupofresh Ltd v Sapporo Breweries Ltd [2013] EWCA Civ 948. It is

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