Application of the decision in Owusu v Jackson—key and illustrative decisions [Archived]

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Application of the decision in Owusu v Jackson—key and illustrative decisions [Archived]
  • Supreme Court decisions
  • Court of Appeal decisions
  • High court decisions

Application of the decision in Owusu v Jackson—key and illustrative decisions [Archived]

ARCHIVED: This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This includes Supreme Court, Court of Appeal and High Court decisions. The decision in Owusu held that the English courts could not apply the common law doctrine of forum non conveniens to stay proceedings in which a defendant was domiciled in an EU Member State. For an understanding of this, see Practice Note: Forum non conveniens—scope and application—Disputing jurisdiction—when forum non conveniens is not applicable.

Supreme Court decisions

JudgmentCommentNews AnalysisOwusu applied/considered
Vedanta Resources Plc v Lungowe [2019] UKSC 20 at paras [16] and [38]–[39]The Supreme Court held that the principle in Owusu applied when considering whether proceedings could be stayed against a defendant in England. Such a stay was not permissible when the defendant was domiciled in England. This was so even if the other competing jurisdiction was not an EU Member State.Supreme Court permits claim against foreign company in the UK in ‘curate’s egg’ judgment LNB News—10/04/2019 101
Supreme Court rules English court has jurisdiction to try foreign tort claim (Vedanta Resources Plc and another v Lungowe and other)
Applied

Court of Appeal decisions

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