The defendant appealed against a refusal to set aside the grant of leave to serve outside the jurisdiction granted to the claimant. Neither party conducted and business in England, and the contract was made in Switzerland, but was expressed to be subject to English law.
Held: The appeal failed.
Lawrence Collins LJ said: I accept that at this stage it is by no means clear that any substantial issues of English law will arise at trial, and that the use of English in the negotiations is only one of the factors to be taken into account in determining the most appropriate forum. But the judge did not treat the governing law of the putative contract or the use of English in the documents and in the negotiations as in any sense conclusive. In my judgment he was entitled to come to the conclusion that Novus had shown clearly that England was the appropriate forum, and I am entirely unable to detect any error of principle or other ground for interfering with the judge’s exercise of discretion.
Judges:
Sir Stephen Brown, Wilson, Lawrence Collins LJJ
Citations:
[2009] EWCA Civ 122, [2009] 1 CLC 850, [2009] 1 Lloyd’s Rep 576
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – BP Exploration Co (Libya) Ltd v Hunt 1976
The fact that the contract was governed by English law was the predominating factor to be borne in mind when deciding jurisdiction.
The court should be careful before describing as non-disclosure as material not included in an affidavit in . .
Cited – Amin Rasheed Shipping Corp v Kuwait Insurance Co HL 1983
A claimant must show good reason why service on a foreign defendant should be permitted. This head of jurisdiction was an exorbitant jurisdiction, one which, under general English conflict rules, an English court would not recognise as possessed by . .
Cited – du Pont du Nemours v Agnew CA 1987
An application was made to injunct the commencement of proceedings in England.
Held: The request failed. The court was asked whether the English claimants had shown a good argument for invoking the jurisdiction of the English court against . .
Cited – MacSteel Commercial Holdings (Pty) Ltd v Thermasteel V (Canada) Inc CA 1996
The South African and Canadian parties had contracted subject to the law of England. The Canadian company said that England remained inappropriate as the choice of forum.
Held: Jurisdiction was declined.
The distinction between the . .
Cited – Ilyssia Compania Naviera SA v Bamaodah ‘The Elli 2’ CA 1985
May LJ considered the creation of a contract by implication, saying: ‘no such contract should be implied on the facts of any given case unless it is necessary to do so: necessary, that is to say, in order to give business reality to a transaction . .
Cited – Mitsubishi Corp v Alafouzos 1988
Elements of English public policy may determine that an English Court is the appropriate forum to hear a case. Steyn J said: ‘one must keep constantly in mind that one is dealing with a head of public policy, which requires the Court to proceed with . .
Cited by:
Cited – VTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Jurisdiction
Updated: 23 July 2022; Ref: scu.311759
