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.
ข้อเท็จจริง
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.
สรุปคำพิพากษา
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?
คำกล่าวสำคัญ
"The burden is on the defendant to show that there is another forum which is clearly more appropriate."
— Lord Goff
การอ้างอิงภายหลัง
Leading Authority
The definitive English authority on forum non conveniens.