Irving & Anor v Darbyshire & Ors [2013] EWHC 2301 (Admin) (29 July 2013)

Irving & Anor v Darbyshire & Ors [2013] EWHC 2301 (Admin) (29 July 2013)

The Isle of Man is clearly and distinctly the more appropriate forum for the determination of the claim, given the origin of the dispute, the applicable law, and the parties' connections to the Isle of Man. No injustice would result from requiring the claimants to proceed there.

Citation
[2013] EWHC 2301 (Admin)
Parties
Claimant: Jonathan Irving; Claimant: Jamie Irving; 1st Defendant: Adrian Darbyshire; 2nd Defendant: Richard Butt; 3rd Defendant: Isle of Man Newspapers
Jurisdiction
England and Wales
Judgment Date
29 July 2013
Procedural Posture
Civil (application for Stay) / Application for Stay of Proceedings on Grounds of Forum Non Conveniens
Outcome
Stay granted on grounds of forum non conveniens.
Legal Topics
Forum Non Conveniens, Jurisdiction, Stay of Proceedings, Enforcement of Settlement Agreements
Civil Procedure Conflict of Laws Forum Non Conveniens Jurisdiction Stay of Proceedings Enforcement of Settlement Agreements

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Parties

Jonathan Irving

Claimant

Jamie Irving

Claimant

Adrian Darbyshire

1st Defendant

Richard Butt

2nd Defendant

Isle of Man Newspapers

3rd Defendant

Procedural Posture

Civil (application for Stay) / Application for Stay of Proceedings on Grounds of Forum Non Conveniens

Legal Issues

  1. 1 Whether the proceedings in England should be stayed on the grounds that the Isle of Man is the more appropriate forum (forum non conveniens) for the dispute arising from a settlement agreement.

Ratio Decidendi

The Isle of Man is clearly and distinctly the more appropriate forum for the determination of the claim, given the origin of the dispute, the applicable law, and the parties' connections to the Isle of Man. No injustice would result from requiring the claimants to proceed there.

Court Disposition

Stay granted on grounds of forum non conveniens.

Orders

  • Proceedings in England stayed pursuant to CPR 11.