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Source Ltd -v- T.U.V. Rheinland Holding AG

18th Mar 1997

[1998] Q.B. 54

Jonathan Gaisman Q.C. and David Edwards – Conflict of Laws – Jurisdiction under European Convention – Place of performance of contractual obligation – German companies inspecting goods in China for English plaintiffs – Inspection report delivered in England – Plaintiffs suing in England for breach of contract and negligence in preparing reports – Whether England place of performance of principal contractual obligation – Whether tortious claim based on same facts as contractual claim matter “relating to a contract” – Whether matter “relating to tort, delict or quasi-delict” – Civil Jurisdiction and Judgments Act 1982 (c. 27), Sch. 1 (as substituted by Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990 (S.I. 1990 No. 2591)), arts. 2, 5(1)(3)