Understanding the development of forum non conveniens
Understanding the development of forum non conveniens

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

  • Understanding the development of forum non conveniens

Understanding the development of forum non conveniens

Prior to 1984 there was no concept of forum non conveniens in English law; although there was in Scottish law. There were moves towards the use of this doctrine but it was not until the House of Lords judgment in The Abidin Daver that it could be said to have come into being in English law. This Practice Note provides an overview to assist in understanding the development of the doctrine of forum non conveniens; the doctrine which applies when seeking to stay proceedings in favour of proceedings in another jurisdiction.

For an understanding of the application of the doctrine of forum non conveniens today, see Practice Notes:

  1. Forum non conveniens—scope and application

  2. Forum non conveniens—connecting factors

  3. Forum non conveniens—requirement for justice

Authority and citationIssueTestComment
Sim v Robinow (1892) 19 R 665 (not available in Lexis®Library)Forum non conveniensWhether the foreign proceedings are more suitable to determine the interests of all the parties and for the ends of justice.A stay will not be applied unless the court is satisfied that there is a different forum with competent jurisdiction where the case may be tried 'more suitably for the interests of all the parties and for the ends of justice'.
The Atlantic Star [1974] AC 436Requirement to balance the competing factors.When considering whether

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