Legal jurisdiction

[Lynnzer]

Briefly.
An alleged debt to a Danish company is the subject of a LBA.
This supposed debt was settled under the normal payment arrangements except for the last 3 payments which were made via the UK agent. I don't need any contemplation on whether the agent had the right to collect so leave that out for now.

The purchase order back page has the Terms and Conditions showing. The last condition/term is "Venue and Law. Any dispute shall be settled by the court in Henning in accordance with Danish law."

Would I be correct in saying that any action taken through the English courts is outside of their jurisdiction?

[R0b]

Re: Legal jurisdiction

You are incorrect, the English courts may very well have jurisdiction despite there being an exclusive governing law and jurisdiction clause in the contract. It is complex to understand but they usually apply a set of principles and needs to be strong evidence why the governing law in the contract should not be the appropriate forum to hear the claim. Usually, the courts will accept the governing law which is expressly provided for in the contract as explained in the Rome I Regulations, although it does not apply to Denmark. Examples of why the Danish court may not be the appropriate forum is that there are witnesses who reside in the UK and costs and expense would mean it is not in the interests of justice and fairness.

Two sets of rules generally apply when determining whether or not an English court has jurisdiction, they are the traditional/common law rules or the European Regime. You may also wish to consider seeking a declaration before proceedings have commenced in the Danish courts regarding liability which you could then argue and establish that the English courts now have jurisdiction to hear your case.

It is not easy to wrap your head around disputes regarding jurisdiction and I would suggest that you seek some initial legal advice as to whether jurisdiction could be disputed.