Devine v Cementation Company Ltd

JurisdictionNorthern Ireland
Judgment Date01 January 1963
Date01 January 1963
CourtCourt of Appeal (Northern Ireland)
(C.A.)
Devine
and
Cementation Co. Ltd

Accident in Scotland - Plaintiff residing in Republic of Ireland - Action commenced in Northern Ireland.

The plaintiff, who resided in Donegal and who had been injured while working in Scotland, sued the defendants in Northern Ireland. Their registered office was in London, but they had an address for service in Northern Ireland. They applied to have the proceedings stayed on the ground that the natural forum was in Scotland and that the expense and inconvenience to them of having to bring their witnesses to Northern Ireland would constitute an injustice. The application was granted on the ground that the law applicable was Scots law and that a trial in Northern Ireland would be unjust to the defendants in all the circumstances. The plaintiff appealed to the Court of Appeal. Held, that the fact that the law applicable was Scots law was not sufficient reason to oust...

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11 cases
  • Baroda (Maharanee of) v Wildenstein
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 March 1972
    ...20 That passage was cited and applied by Lord MacDermott in the Court of Appeal of Northen Ireland in 1963 in the case of Devine v. Cementation Co. Ltd. (1963) Northem Ireland Law Reports 65). 21 We have to apply that principle to this case when the plaintiff was only able to serve the defe......
  • Intermetal Group Ltd v Worslade Trading Ltd
    • Ireland
    • Supreme Court
    • 6 March 1998
    ...Keane J., 25th November, 1992). Campus Oil Ltd. v. Minister for Industry (No. 2) [1983] I.R. 88. Devine v. Cementation Company Ltd. [1963] N.I. 65. Doe v. Armour Pharmaceutical Co. Inc. [1994] 3 I.R. 78; [1994] I.L.R.M. 416. In re Harrods (Buenos Aires) Limited[1992] Ch. 72; [1991] 3 W.L.R.......
  • The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 July 1972
    ...K. 1077. They were applied by the Court of Appeal in Northern Ireland, presided over by Lord MacDermott, Lord Chief Justice, in Devine v. Cementation Co. Ltd. (1963) N I. L. 65 They have been applied, no doubt, in many cases at first instance which have not been reported, but some of which ......
  • Muduroglu Ltd v T. C. Ziraat Bankasi
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 3 July 1986
    ...to the individual circumstances of the plaintiff and defendant. This was certainly a factor in the marginal case of Devine v. Cementation Co. Ltd. [1963] N.I. 65 and without it, the case could hardly be supported." 86 Lord Kilbrandon, after citing the relevant passage from Lord Justice Sco......
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