Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

EVANS MARSHALL & CO. LTD. v. BERTOLA S.A. AND INDEPENDENT SHERRY IMPORTERS LTD.

[1973] 1 Lloyd's Rep. 453

COURT OF APPEAL

Before Lord Justice Sachs, Lord Justice Edmund Davies and Lord Justice Cairns

Practice - Writ - Sole agency agreement between English wine merchants and Spanish exporter - Barcelona jurisdiction clause - Breach - Merchants' claim for damages and interlocutory injunction - Whether Court would give leave for service of writ out of jurisdiction - Factors to be considered - R.S.C., Order 11, r. 1. Practice - Injunction - Sole agency agreement between English wine merchants and Spanish exporter - Breach - Whether interlocutory injunction appropriate remedy - Effect of undertaking by third party.

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