Q&As

In a contractual dispute between a UK (English) company and a company based in the Isle of Man, what is the applicable law and what is the jurisdiction in circumstances where the contract is silent on these points?

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Published on LexisPSL on 19/01/2021

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

  • In a contractual dispute between a UK (English) company and a company based in the Isle of Man, what is the applicable law and what is the jurisdiction in circumstances where the contract is silent on these points?
  • The Isle of Man
  • Jurisdiction
  • English courts
  • Isle of Man courts
  • Applicable law

In a contractual dispute between a UK (English) company and a company based in the Isle of Man, what is the applicable law and what is the jurisdiction in circumstances where the contract is silent on these points?

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 UK and has never been part of the EU. It has its own system of laws, although some Acts of Parliament in Westminster have been extended to the Isle of Man.

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

Jurisdiction

In relation to jurisdiction, the English courts and the islands courts would apply common law and follow the principles set out in Spiliada Maritime Corp v Cansulex Ltd, ie the court will choose the forum in which the case can be tried more suitably for the interests of all the parties and for the ends of justice.

English courts

In

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