![]() ![]() In Owusu, the English Court of Appeal asked the ECJ whether it could stay a matter brought to it under Article 2 Brussels Convention pursuant to the English FNC rules. The case of Owusu v Jackson and Others before the European Court of Justice, was concerned with the relationship between Article 2 of the Brussels Convention and the scope of FNC within the European Community. Nothing in this Act shall prevent any court in the UK from staying, sisting ], striking out or dismissing any proceedings before it on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with the 1968 Convention or, as the case may be, the Lugano Convention. The Civil Jurisdiction and Judgments Act 1982 as amended by the Civil Jurisdiction and Judgments Act 1991 states: ( March 2022)Īs a member of the European Union, the United Kingdom signed the Brussels Convention. code of civil procedure recognised the doctrine of forum non conveniens for civil procedures. Īccording to the "parental function" of Soviet law, the 1964 R.S.F.S.R. ![]() The doctrine had been applied in several jurisdictions under varying names in the 1793 case Robertson v Kerr, a Massachusetts court refused to apply jurisdiction in a case involving a foreign transaction between non-residents. The pleading was used in situations where the competence of the court was unchallenged (unlike forum non competens) but the court was asked to invoke its discretion. It was expanded and applied in the 1860s (in Clements v Macauley 4 S 224 and Longworth v Hope 3 S 1049), which led to its incorporation into English law. It was first adopted in Scotland in 1610, the case being Vernor v Elvies Mor 4788, as an extension of forum non competens two English residents were tried in Scotland argued a Scottish trial would be inconvenient, the court ruling "The Lords will not find themselves Judges betwixt two Englishmen". In Scotland, the concept was developed in the 18th century and was later incorporated into English common law. However, there is no equivalent in the French Civil Code or Roman law. FNC thus may ultimately have a civil law origin, as has been asserted by several writers, since admiralty law is based in civil law concepts. Many early Scottish cases invoking FNC were under admiralty law. Scholars and jurists agree that the concept is of a Scottish origin. If one or more of the parties resides outside the territorial jurisdiction or there are other factors which might make another forum more appropriate, the question of jurisdiction must be settled. ![]() This decision will be routine, or not raised at all, if the relevant elements of the case are within the territorial jurisdiction of the court. As a matter of civil procedure, courts must decide whether and in what circumstances they will accept jurisdiction over parties and subject matter when a lawsuit begins. The laws applied by a particular system of courts or legal system are termed the lex fori, or law of the forum. Explanation Ī country, state, or other jurisdiction enacts laws which are interpreted and applied through a system of courts. The underlying principles, such as basing respect given to foreign courts on reciprocal respect or comity, also apply in civil law systems in the form of the legal doctrine of lis alibi pendens.įorum non conveniens is not exclusive to common law nations: the maritime courts of the Republic of Panama, although not a common law jurisdiction, also have such power under more restrained conditions. This concern is balanced against the public policy of deferring to a plaintiff's choice of venue in claims where there may be more than one appropriate jurisdiction. Ī concern often raised in applications of the doctrine is forum shopping, or picking a court merely to gain an advantage in the proceeding. Forum non conveniens is not applicable between counties or federal districts within a state. Īs a doctrine of the conflict of laws, forum non conveniens applies between courts in different countries and between courts in different jurisdictions in the same country. A change of venue might be ordered, for example, to transfer a case to a jurisdiction within which an accident or incident underlying the litigation occurred and where all the witnesses reside. Forum non conveniens ( Latin for "an inconvenient forum" ) ( FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum. ![]()
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