Effective UK/German co-operation resolves contractual issue for a bespoke manufacturer of model motor vehicles
“Through the English procedure of disclosure, Howard was able to obtain a significant number of crucial internal documents from the English company which significantly strengthened the case.”
Colman Coyle is pleased to have been able to work with, and be involved, a significant number of referrals to and from, a large number of IR Global Members.
Howard Colman is the exclusive commercial litigation and arbitration member for England and is frequently involved in providing advice to, and seeking advice from, firms around the globe in relation to cross-border disputes.
A good example of the benefits, not only for member firms but also for clients of the relationships formed through IR Global, arose in a piece of commercial litigation which Howard successfully concluded quite recently.
Howard was approached by Urs Breitsprecher of Aquan Rechtanswalte who was acting for a German manufacturer of bespoke model vehicles for international collectors in a potential claim for damages arising out of a breach of contract by an English company.
The contractual arrangements between the clients did not specify the applicable law nor the jurisdiction. It would have been possible to construct arguments both for English law and German law.
Howard worked with Dr Jana Schott, a partner in Aquan, to determine not only which law was most likely to apply, but also the commercial and strategic benefits for the client of each jurisdiction and system of law.
They jointly concluded that it was best to commence proceedings in England and to run the case under English law. This ultimately proved to be a good decision as, amongst other things, through the English procedure of disclosure, Howard was able to obtain a significant number of crucial internal documents from the English company which significantly strengthened the case.
These documents would not have been available to the client through German proceedings and the provision of them ultimately contributed significantly to a highly satisfactory settlement being obtained for the client.
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