Source: EURLEX
Language: en
Format: md

[JURE summary](#SM)

## JURE summary

This case concerns questions of vexatious proceedings and international jurisdiction referred to the High Court (hereinafter 'the Court of First Instance').

The owner of a theatre in Dublin (hereinafter 'the plaintiff') claimed that it had a contract for the sole and exclusive right to perform the musical play Les Misérables in Ireland. It brought proceedings against Mr Cameron Mackintosh (hereinafter 'defendant 1'), resident in England, and two companies registered in England and controlled by him, Cameron (Mackintosh Overseas) Ltd (hereinafter 'defendant 2') and Cameron Mackintosh Ltd. ('defendant 3') for specific performance of that contract.

The defendants entered conditional appearances and sought (a) an order under Order 19 Rule 18 of the RSC (1) striking out the claim against defendants 1 and 3 on the ground that it was vexatious because they were not a party to the negotiations for the contract, only defendant 2 was; and (b) an order quashing service of the summons on the ground that the Irish courts had no jurisdiction under the Brussels Convention (2) to entertain the plaintiff's claim because they were domiciled in the United Kingdom.

The defendants' request for an order to strike out vexatious claims was dismissed. Indeed, the parties to the contract were not entirely clear and undisputed. However, even if the plaintiff's claim against one or more defendants will ultimately fail, that is not the same as saying that any of the present claims are vexatious. Order 19 Rule 18 of the RSC only applies where a statement of claim does not disclose on its face a reasonable cause of action.

On the question of jurisdiction, the defendants relied on Article 2 of the Brussels Convention, which provides that 'subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State'. Conversely, the plaintiff relied on Article 5(1) of the Brussels Convention, according to which 'a person domiciled in a Contracting State may, in another Contracting State, be sued, in matters relating to a contract, in the courts for the place of performance of the obligation in question'.

According to the Court of First Instance, the obligation on which the plaintiff's claim is based is an obligation to grant the sole and exclusive right to perform the stage show Les Misérables in Ireland. The contractual obligation on which the plaintiff's claim is based is the promise to grant an intellectual property right and not the performance of the play in Dublin. The execution of the document granting the rights would take place in England and not in Ireland. Once that obligation has been fulfilled by the grant of performing rights, those rights would of course be exercised in Ireland. But that fact does not give the Irish courts jurisdiction under Article 5(1) to entertain the present claim. A distinction must be drawn between (a) the performance by the grantor of his obligation to grant a right and (b) the exercise of that right by the grantee once that obligation has been performed. Accordingly, the English courts, and not the Irish courts, would have jurisdiction under the Brussels Convention.

Therefore, the Court of First Instance declared that it had no jurisdiction to hear the applicant's claim and dismissed the action.

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(1) Rules of the Superior Courts.

(2) [Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters.](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:41968A0927(01))

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