Success for Iain Mitchell QC in Technology and Construction Court
Oakleaf Conservatories Ltd v Weir
Iain G. Mitchell QC achieved a notable success in the Technology and Construction Court in the High Court in London, when he persuaded the Court to yield jurisdiction in a case about some extremely expensive conservatories in favour of the Courts of Scotland.
The case involved a claim by an English conservatory manufacturer against consumers in Scotland relating to the cancellation by them of a contract for the fabrication and installation of several glass structures in Ayrshire. At issue was whether Oakleaf Conservatories directed their advertising towards Scotland. They claimed that they did not, but their four websites, which boasted that Oakleaf constructs conservatories "throughout the UK" proved their undoing, though if the referendum goes one way next year, it may not always be as straightforward.
For a Report on the case from the Society of Computers & Law, please click here.