Costs incurred in foreign jurisdiction. A party was unable to recover
costs in foreign proceedings. Whether party was entitled to recover foreign
costs as damages for breach of exclusive jurisdiction clause in subsequent
In breach of an exclusive jurisdiction clause a party litigated in a
jurisdiction, except occasionally, did not award costs in strike out
proceedings. Therefore the party who successfully applied for the strike out
did not ask for costs. Justice requires that the party should receive the
damages it had suffered by reason of the breach. The situation is akin to
Claimant: Union Discount Company Ltd.
Respondent: 1. Robert Zoller & others
2. Union Cal Ltd.
Place of Court Proceedings:
EXTRACT FROM THE JUDGMENT
“In the Supreme Court of Judicature Court of Appeal (Civil Division)
on Appeal from HH Judge Heppel Q.C. Sitting as a Judge of the High