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jurisdiction clausesexclusive jurisdictioncosts as damages
Union Discount Co Ltd v Zoller
[2001] EWCA Civ 1755; [2002] 1 W.L.R. 1517
Key Principle
Where a party brings foreign proceedings in breach of an exclusive English jurisdiction clause, the costs incurred by the innocent party in successfully resisting those proceedings abroad are recoverable as damages for breach of contract, and the rule barring recovery of costs as damages does not apply because the costs arose in separate foreign litigation between the parties.
Area of Law
General
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