- Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
TMT analysis: The Court of Appeal has upheld the decision that a claim form had been served in time, but that the claim should be stayed on the ground of forum non conveniens in this defamation and data protection claim which arose out of statements made by The National Trust for Scotland (the NTS). Both parties were domiciled in Scotland but proceedings had been brought in England. The Court of Appeal held that the High Court’s exercise of discretion to stay could not be faulted. Written by Iain G Mitchell QC (Scotland), barrister at Tanfield Chambers.
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