The claimant began an action in England. The defendant sought a stay, saying the appropriate forum was Switzerland.
Held: The defendant was a truly multi-national orgaisation and had branches in many countries. The choice of forum belongs to the claimant not the court, and it was not for the court to fetter that choice. The convention made specific provision for certain types of contracts. No special provision was made for banks, and therefore they had no such special position.
Judges:
Sir Andrew Morritt VC
Citations:
Times 25-Aug-2004
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Grossman CA 1981
An application was made against Barclays Bank in London to obtain inspection of an account held at a branch of the bank in the Isle of Man.
Held: The Civil Division of the Court of Appeal which determined the application was later held to have . .
Cited – MacKinnon v Donaldson, Lufkin and Jenrette Securities Corporation ChD 1986
A plaintiff in an English action had obtained an order against an American bank, served on its London office, requiring production of books and papers at its New York head office.
Held: The court pointed out the distinction between ‘personal . .
Cited by:
See Also – Mahme Trust Reg and others v Lloyds TSB Bank Plc ChD 5-Jul-2006
. .
See Also – Mahme Trust Reg and others v Lloyds TSB Bank Plc ChD 14-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 09 December 2022; Ref: scu.200644