The doctrine of forum non conveniens could be used to prevent the prosecution in the UK in respect of a matter agreed to be conducted in Texas, even though the proper applicable law was that England. The Act did not operate to restrict the application of the doctrine in this way even in respect of a non-contracting state, where the parties were subject to an express agreement or provision to this effect. Since the conditions for asserting that a decision had been per incuriam were not met, the decision in Young v Bristol Aeroplane Co Ltd was binding, and the court could not decline jurisdiction to stay proceedings against a defendant party to the Brussels convention on the ground of forum non conveniens.
Citations:
Times 27-Feb-2001, Gazette 22-Feb-2001
Statutes:
Civil Jurisdiction and Judgments Act 1982
Jurisdiction:
England and Wales
Citing:
Appeal From – Ace Insurance Sa-Nv v Zurich Insurance Company and Another QBD 6-Sep-2000
The doctrine of ‘forum non conveniens’ could be used to prevent the prosecution in the UK in respect of a matter agreed to be conducted in Texas, even though the proper applicable law was that England. The Act did not restrict the application of the . .
Lists of cited by and citing cases may be incomplete.
International, Insurance
Updated: 08 May 2022; Ref: scu.77625