Ratio Decidendi
A stay of English proceedings on grounds of forum non conveniens will be granted where the defendant shows that there is another available forum which is clearly more appropriate for the trial of the action. The court considers connecting factors (location of evidence, applicable law, residence of parties) and whether justice requires the case to be tried in England.
Ffeithiau
A dispute arose regarding damage to a cargo of wet sulphur shipped from Vancouver to India on board the Spiliada. The shipowners commenced proceedings in England. The cargo interests argued the case should be tried in British Columbia, where most of the evidence was located.
Crynodeb o'r dyfarniad
Lord Goff set out the two-stage test for forum non conveniens. Stage 1: the defendant must show another forum is clearly more appropriate (the 'natural forum'). Stage 2: if so, the claimant may show special circumstances why justice requires trial in England (e.g., no fair trial available abroad). The burden on the second stage is on the claimant.
Dyfyniadau allweddol
"The basic principle is that a stay will only be granted on the ground of forum non conveniens where the court is satisfied that there is some other available forum, having competent jurisdiction, which is the appropriate forum for the trial of the action."
— Lord Goff
Triniaeth ddilynol
The leading authority on forum non conveniens in English law, consistently applied in international litigation.