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High Court grants order dismissing action by distributor of gym equipment against UK supplier on grounds that the Irish courts did not have jurisdiction, where the original agreement contained a clause submitting disputes to the English courts, and a similar clause had appeared in proposed but unexecuted contracts renewing the original contract on its expiration.
Claim by distributor of gym equipment - exclusive distribution agreement with UK supplier in 2001 - expiration of original agreement in 2006, but continuation of business relationship - termination by supplier with three month's notice - whether termination was in breach of contract - plenary summons - Order 11A, RSC - contest of jurisdiction by defendant - application to dismiss action - Order 12, rule 6 RSC - 2001 agreement executed by plaintiff for and on behalf of her company, Art of Fitness Ltd - exclusive jurisdiction clause submitting all disputes to English courts - renewal of contract by plaintiff in 2007 but never executed by defendant - whether consensus between parties as to jurisdiction.
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