- Jersey Court of Appeal confirms Royal Court’s authority to determine whether there is a risk of not obtaining justice in the appropriate forum (United Company Rusal v MB & Services)
- Factual background
- Forum challenge before the Royal Court
- Application for leave to appeal
Dispute Resolution analysis: The Jersey Court of Appeal has recently handed down its judgment in United Company Rusal Plc v MB & Services Ltd and Tatiana Golovina, refusing leave to appeal against the Royal Court’s dismissal of an application to stay proceedings on the ground of forum non conveniens due to the risk of not obtaining justice in Russia. This decision demonstrates the high threshold required to challenge a first instance court’s determination of the existence of a risk of not obtaining justice in what the court had itself deemed to be the more appropriate forum for proceedings. The Court of Appeal has made it clear that such a determination is a question of evaluation by the first instance court on the evidence as presented. Written by Lynne Gregory, advocate and senior associate, at Baker & Partners.
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