Judge ruled that English law did not apply so that misrepresentation claims could be heard in the same court as contract law claims – Kingspan v Borealis, High Court

Borealis sold plastic to Kingspan. The tanks made by Kingspan with the plastic cracked. Kingspan claimed damages for breach of contract and misrepresentation. The High Court ruled that the breach of contract claims were governed by Danish law. Ordinarily, the claims in tort for misrepresentation would have been governed by English law, but he ruled that it would make sense to displace the general rule so that the same law – ie Danish law – applied to both elements, as that would make more commercial sense.