Tesam Distribution Ltd. v. Schuh-Mode Team G.m.b.H. - Court of Appeal (O’Connor, Stocker & Nicholls L.JJ.) - 20 October 1989

Civil Jurisdiction Convention - English plaintiff and German defendants - Alleged breach of contract in failing to deliver goods in England - Dispute over existence of contract - Whether plaintiff entitled to sue defendants in England

The plaintiff, an English company, brought proceedings against a Germany company and a German bank both of which carried on business in the Federal Republic. The writ was served out of the jurisdiction without leave pursuant to R.S.C., Order 11, Rule 2(a). The plaintiff claimed that the defendants were in breach of contract in failing to deliver goods in England and that the bank had committed the tort of inducing the first defendant to breach its contract.