Forum non conveniens—scope and application

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

  • Forum non conveniens—scope and application
  • What is forum non conveniens?
  • Identifying and characterising the dispute
  • Approach of the court—iterative exercise
  • When is forum non conveniens relevant?
  • Challenging jurisdiction—applying forum non conveniens
  • Evidential burden—jurisdictional challenge
  • Service out of the jurisdiction—applying forum conveniens
  • Evidential burden
  • Restraint of foreign proceedings by use of an anti-suit injunction—applying forum non conveniens
  • More...

Forum non conveniens—scope and application

The UK's departure from the EU impacts the status of judgments of the Court of Justice. For guidance, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied by the courts when determining whether to grant permission to serve out of the jurisdiction or dealing with a dispute as to jurisdiction. The doctrine is also relevant in relation to applications for restraint of foreign proceedings. This Practice Note considers the application of the doctrine of forum non conveniens to these situations. In addition, it considers the use of negative declarations as to a court’s jurisdiction as well as appealing a decision on forum.

Note that when dealing with defamation claims, the doctrine of forum non conveniens has been modified by section 9 of the Defamation Act 2013 (DA 2013), see: Forum non conveniens and defamation cases below.

For guidance on key considerations when dealing with forum non conveniens, see Practice Notes:

  1. Forum non conveniens—connecting factors

  2. Forum non conveniens—requirement for justice

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