Court of Session case/Deutsches Recht in Schottland

The Court of Session (Outer House, which deals with cases at first instance) has recently published a decision in a matter between two German parties. The defender, who is domiciled in Scotland, asserted that only the German courts have jurisdiction over the case, but evidence from German law was produced to indicate that the parties could only have agreed this if they had both been Vollkaufleute.

There are one or two typos in the German, but the case is a good illustration of how courts call in expert witnesses and obtain translations in order to consider foreign law.

Thanks to Jonathan Mitchell.

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