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Oak Leaf Conservatories in York loses right to sue lottery winners Colin and Chris Weir
A CONSERVATORY firm from York has lost a High Court bid to sue Scottish lottery winners who pulled out of a deal to make lavish improvements to their mansion home.
Oak Leaf Conservatories Limited accused Colin and Christine Weir, who won a record £161 million jackpot on the EuroMillions lottery, of “unlawfully repudiating contracts” for the design, manufacture and installation of a luxury conservatory, pool-house and garden house worth £750,000 at their home in Largs, Ayrshire.
But the case was struck out of the English High Court in London after Mr Justice Stuart-Smith said the courts in England had no jurisdiction to decide the claim.
He told the company it would have to pursue the £290,000 case through Scottish courts if it wanted to take matters further.
The couple had suspended work and attempted to cancel all the contracts, claiming to have “lost all confidence” in the builders. They claimed they could only be sued in Scotland, because that is where they lived.
The company said it did not “pursue” its activities in Scotland, nor “direct” activities to the country, its only workshop was in York and it did not advertise specifically north of the border.
It also told the court it only carried out building work in Scotland if approached and had completed only two contracts there, and none in the seven years before it was contacted by the Weirs.
The judge said: “While I accept that the primary focus of Oak Leaf’s business may be in England and that most of the business it had obtained historically has been in England, it is apparent from its websites and its overall activity that Oak Leaf was envisaging doing business with consumers domiciled in Scotland.
“I therefore conclude that Oak Leaf pursues commercial activities in Scotland and directs its activities to Scotland. These proceedings may therefore only be brought against the Weirs in the courts of Scotland.”
A spokesman for Oak Leaf declined to comment, while a spokeswoman for the Weirs said they were pleased the case had been thrown out of the court in England.
“If this firm decides to raise a further action in Scotland it will be defended fully and vigorously,” he said.