For proceedings brought against English defendants after 1 January 2021 forum non conveniens (‘fnc’) has returned as part of the civil procedure regime post Brexit, with the repeal of the Brussels Judgments Regulations. FNC involves the English court’s power to stay proceedings against English parties served as of right in England in favour of adjudication in another forum. Under the principles set out by the House of Lords in The Spiliada [1987] AC 460 it is for the defendant in the English proceeding to show that another jurisdiction is the natural forum for the proceedings (Spiliada 1) … (more)
[Simon Baughen, IISTL Blog, 28 May 2025]
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