Spiliada Maritime Corp v Cansulex Ltd

[1987] AC 460

Ratio Decidendi

A stay of proceedings on grounds of forum non conveniens should be granted where there is another forum which is clearly more appropriate for the trial of the action.

Fakty

A dispute arose over damage to a vessel caused by a cargo of sulphur. Proceedings were issued in England but the defendants argued that British Columbia was the more appropriate forum.

Podsumowanie orzeczenia

The House of Lords established a two-stage test: (1) is there another forum which is clearly more appropriate? (2) if so, would the claimant be deprived of a legitimate personal or juridical advantage?

Kluczowe cytaty

"The burden is on the defendant to show that there is another forum which is clearly more appropriate."
— Lord Goff

Późniejsze zastosowanie

Leading Authority

The definitive English authority on forum non conveniens.