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United Kingdom forum non conveniensbrussels convention

Berisford plc v New Hampshire Insurance Co

S & W Berisford plc v New Hampshire Insurance Co Ltd [1990] 2 QB 631
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Queen's Bench Division (Commercial Court)
Year1990
StatusPersuasive authority

Key Principle

Where a defendant is domiciled in a Contracting State, the mandatory jurisdiction conferred on the English court by Article 2 of the Brussels Convention (as enacted by the Civil Jurisdiction and Judgments Act 1982) leaves no residual power to stay the proceedings on forum non conveniens grounds in favour of a non-Contracting State (here the United States).

Area of Law

General

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