PIL instrument(s)

Case number and/or case name

Oakley v Ultra Vehicle Design Ltd (Re Ultra Motorhomes International Ltd) [2005] EWHC 872 (Ch)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

25 May 2005

Appeal history

CJEU's case law cited by the court

Summary

The dispute was about the ownership and interest in an expensive motor vehicle. In January 2004, the proceedings were initiated by the supervisor of a company subject to a company voluntary arrangements and subsequently in liquidation. The court had to determine two preliminary issues: Did the court have a jurisdiction to hear and determine the dispute? Was English law or German law applicable? The English court held that the claim in question was not within the scope of the Insolvency Regulation, and the Brussels I regulation applies. It was concluded that the English court had jurisdiction as the claim was properly brought against the UK defendant, UVDL, and the German defendant, Behlke. The English court applied the Contracts (Applicable Law) Act 1990, and concluded that the contract is governed by German law, by virtue of an agreement to that effect between the parties.