Forum Non Conveniens in UK Law

Leading Cases
  • Spiliada Maritime Corporation v Cansulex Ltd
    • House of Lords
    • 19 Noviembre 1986

    I feel bound to say that I doubt whether the Latin tag forum non conveniens is apt to describe this principle. For the question is not one of convenience, but of the suitability or appropriateness of the relevant jurisdiction.

    (1) The basic principle is that a stay will only be granted on the ground of forum non conveniens where the court is satisfied that there is some other available forum, having competent jurisdiction, which is the appropriate forum for the trial of the action, i.e. in which the case may be tried more suitably for the interests of all the parties and the ends of justice.

    So it is for connecting factors in this sense that the court must first look; and these will include not only factors affecting convenience or expense (such as availability of witnesses), but also other factors such as the law governing the relevant transaction (as to which see Credit Chimique v. James Scott Engineering Group Ltd. 1982 S.L.T. 131), and the places where the parties respectively reside or carry on business.

    But, in my opinion, this is a case where practical justice should be done.

  • Spiliada Maritime Corporation v Cansulex Ltd
    • House of Lords
    • 19 Noviembre 1986

  • Lucasfilm Ltd v Ainsworth
    • Court of Appeal (Civil Division)
    • 16 Diciembre 2009

    The question there was whether the court could stay proceedings in a case where the same point was being litigated between the same parties in the courts of a third country. We do not have decide whether that was correct, though we note that, if he his right, there is this oddity: that there is a clear lis pendens rule, with associated court first seized rule, for parallel cases within the EU but none for parallel cases where one is running within an EU Member State and one without.

  • AK Investment CJSC v Kyrgyz Mobil Tel Ltd
    • Privy Council
    • 10 Marzo 2011

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