Forum Non Conveniens in UK Law

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

    (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.

    But the underlying principle requires that regard must be had to the interests of all the parties and the ends of justice; and these considerations may lead to a different conclusion in other cases. For example, it would not, I think, normally be wrong to allow a plaintiff to keep the benefit of security obtained by commencing proceedings here, while at the same time granting a stay of proceedings in this country to enable the action to proceed in the appropriate forum.

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

    In the result, it seems to me that the solution of disputes about the relative merits of trial in England and trial abroad is pre-eminently a matter for the trial judge. Commercial court judges are very experienced in these matters. An appeal should be rare and the appellate court should be slow to interfere.

    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.

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

    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. What Barling J did not decide was that Art. 2 conferred extra-EU subject matter jurisdiction generally.

  • Turner v Grovit
    • House of Lords
    • 13 Dic 2001

    A contractual arbitration or exclusive jurisdiction clause will provide such a ground for seeking to invoke the right to enforce the clause. The applicant does not have to show that the contractual forum is more appropriate than any other; the parties' contractual agreement does that for him.

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

    First, the claimant must satisfy the court that in relation to the foreign defendant there is a serious issue to be tried on the merits, i.e. a substantial question of fact or law, or both. Third, the claimant must satisfy the court that in all the circumstances the Isle of Man is clearly or distinctly the appropriate forum for the trial of the dispute, and that in all the circumstances the court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

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Legislation
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Books & Journal Articles
  • The Restriction of the Power of the Courts to Stay Proceedings in Favour of More Appropriate International Courts: The Decision in Owusu v Jackson
    • Núm. 2-1, Enero 2012
    • Southampton Student Law Review
    • Surekha Rodrigo
    • 59-64
    The judgment in Owusu v Jackson has provided an answer to the controversy over whether courts of EU Member States have discretion to stay proceedings in favour of courts of non-Member States. Speci...
    ......, the European Court of Justice established that the doctrine of forum non conveniens could not be used so as to refuse jurisdiction and stay the ......
  • From famine to feast. The prosecution of multi‐jurisdictional financial crime in the electronic age
    • Núm. 15-3, Julio 2008
    • Journal of Financial Crime
    • 320-337
    Purpose: The purpose of this paper is to explore the development of the common law test for asserting criminal jurisdiction over financial crimes. Historically, the British courts at the turn of th...
    ...... for the samecriminal conduct, it is recommended that the doctrine of forum non conveniens, a familiar and developedconcept in civil law, be applied ......
  • The Hague Convention on Jurisdiction and Judgments: The Way Forward
    • Núm. 66-4, Julio 2003
    • The Modern Law Review
    This article analyses the proposed Hague Convention on Jurisdiction and Judgments, which has been the subject of lengthy and ongoing negotiations. The issues that continue to divide the parties cen...
    ...... of their domicile, and then adds a limited number of additional forums that the plaintiff may choose from, in each case based upon a close ... of the United Kingdom, the common law doctrine of forum non conveniens , which permits a forum that has jurisdiction to decline to exercise it in ......
  • Book Review: Conflict of Laws in Australia
    • Núm. 3-2, Junio 1969
    • Federal Law Review
    ...... over foreign land into the chapter on the appropriate forum, which at least 1 (1951) 84 C.L.R. 629. . 1969] Book Reviews 309 ... for the adoption in Australia of a doctrine of forum non conveniens. The speeches of their Lordships in British South Africa Company v. ......
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Law Firm Commentaries
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