Devine v Cementation Company Ltd
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1963 |
| Date | 01 January 1963 |
| Court | Court of Appeal (Northern Ireland) |
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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Baroda (Maharanee of) v Wildenstein
...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......
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Intermetal Group Ltd v Worslade Trading Ltd
...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.......
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Muduroglu Ltd v T. C. Ziraat Bankasi
...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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The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
...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. 83 How, then, should these principles be applied to the present case? Before ......