Spiliada Maritime Corporation v Cansulex Ltd
| Jurisdiction | UK Non-devolved |
| Judge | Lord Keith of Kinkel,Lord Templeman,Lord Griffiths,Lord Mackay of Clashfern,Lord Goff of Chieveley |
| Judgment Date | 19 November 1986 |
| Court | House of Lords |
| Date | 19 November 1986 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
610 cases
-
Mahavir Minerals Ltd v Cho Yang Shipping Company Ltd ('The MC Pearl') [QBD (Admiralty)]
... ... Spiliada Maritime Corp v Cansulex Ltd (“The Spiliada”)ELR [1987] AC 460 ... jurisdiction: that is the 14th defendants, the Shipping Corporation of India Ltd, but they have subsequently withdrawn their summons. So the ... ...
-
Qioptiq Ltd (Applicant/Claimant) v Teledyne Scientific & Imaging LLC (Respondent/Defendant)
...circumstances involving the interests of justice); and it is not appropriate to embark upon a standard Spiliada [ The Spiliada [1987] AC 460] balancing exercise. The defendant has to point to some factor which it could not have foreseen at the time the contract was concluded. Even if there......
-
F v F
... ... 871 ; [1987] 3 All E.R. 510 , followed. (5) Spiliada Maritime Corp. v. Cansulex Ltd., The Spiliada , [1987] A.C. 460 ; [1986] ... ...
-
PO and Another v GO and Others
...exercise jurisdiction in an appropriate case on the ground of forum non conveniens applying the principles first laid down in Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460. The Spiliada principles apply in cases involving children: Re S (A Minor) (Stay of Proceedings) [1993] 2 FLR 912......
Request a trial to view additional results
9 firm's commentaries
-
IP Bulletin - Spring 2013
...to be applied to the question of whether to grant a stay of proceedings are those set out in Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460 by Lord While it was common ground that Actavis' claims for declarations of non-infringement of the French, German, Italian and Spanish designatio......
-
Fraud, Asset Tracing & Recovery 2022/2023 ' British Virgin Islands (Commercial Dispute Resolution, CDR)
...the BVI is not the appropriate forum for the trial of the claim (on the basis of the principles in Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460; see further Depending on the location of a defendant, service may need to be effected under the Hague Service Convention via diplomatic cha......
-
Fraud, Asset Tracing & Recovery 2021/2022 ' British Virgin Islands (Commercial Dispute Resolution, CDR)
...the BVI is not the appropriate forum for the trial of the claim (on the basis of the principles in Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460, see further below). Depending on the location of a defendant, service may need to be effected under the Hague Service Convention via diplom......
-
BVI Vs Hong Kong: The Inconvenience Of Forum Non Conveniens
...Court of Appeal and the Privy Council, whereby the BVI's highest appellate court confirmed the law as set down Spiliada v Cansulex Ltd [1987] AC 460 should continue to be applied when determining whether another appropriate forum is more suitable. In short, when assessing such applications,......
Request a trial to view additional results
48 books & journal articles
-
Civil Procedure
...at [6]. Stay of proceedings 7.68 The well-established principles enunciated by the House of Lords in Spiliada Maritime Corp v Cansulex Ltd[1987] AC 460 were applied as the law on stay of proceedings on the ground of forum non conveniens in two High Court judgments. 7.69 In the first case, V......
-
Obtaining mareva injunctions and related orders against FFSH re assets
...was a Cayman company which exercised control over the shares. 53 See the landmark case of Spilladd Maritime Corp v. Cansoulex Ltd. [1987] A.C. 460. However, the rules on this principle are also quite contentious. 54 Ibid., at 476, per Lord Goff. This includes proceedings which are vexatious......
-
The Forum Bar in UK Extradition Law: An Unnecessary Failure
...See A Arzandeh, ‘Should the SpiliadaTest be Revised?’ (2014) 10 J Priv Int L 89, 89.22. Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460, 476, per Lord Goff.23. That noted, the bar can act in a manner akin to a forum non conveniens decision in that it provides for (optional) prose......
-
Jurisdiction In Personam
...to suffice even where the defendant is served outside the province. 33 See, for example, Spiliada Maritime Corp. v. Cansulex Ltd. , [1987] A.C. 460 at 474 (H.L.), Lord Goff. 34 [1972] 2 All E.R. 689 (C.A.). Jur isdiction In Personam 59 [The plaintiff] did no wrong in taking out a High Cour......
Request a trial to view additional results