Kennedy v The National Trust for Scotland [2019] EWCA Civ 648 (16 April 2019)

Kennedy v The National Trust for Scotland [2019] EWCA Civ 648 (16 April 2019)

The doctrine of forum non conveniens is available in intra-UK disputes as the Brussels Regulation does not preclude it where only internal UK jurisdictions are involved. The claim was properly stayed in favour of Scotland as the more appropriate forum. The English court's jurisdiction would be limited to damages suffered in England and Wales, not global damages. The claim form was not validly served within the required period when applying the deemed service rule, but this was academic given the stay.

Citation
[2019] EWCA Civ 648
Parties
Appellant / Cross Respondent: Howard Kennedy; Respondent / Cross Appellant: The National Trust for Scotland
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; cross-appeal allowed in part
Legal Topics
Forum Non Conveniens, Jurisdiction Within UK, Deemed Service of Claim Form, Defamation Across Jurisdictions, Data Protection Act 1998
Private International Law Defamation Civil Procedure Forum Non Conveniens Jurisdiction Within UK Deemed Service of Claim Form Defamation Across Jurisdictions Data Protection Act 1998

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Howard Kennedy

Appellant / Cross Respondent

The National Trust for Scotland

Respondent / Cross Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Does the doctrine of forum non conveniens apply to intra-UK disputes in light of the Brussels Recast Regulation and Owusu v Jackson?
  2. 2 Was the claim form validly served within the required period under the CPR?
  3. 3 Should the claim be stayed in favour of Scotland as the more appropriate forum?

Ratio Decidendi

The doctrine of forum non conveniens is available in intra-UK disputes as the Brussels Regulation does not preclude it where only internal UK jurisdictions are involved. The claim was properly stayed in favour of Scotland as the more appropriate forum. The English court's jurisdiction would be limited to damages suffered in England and Wales, not global damages. The claim form was not validly served within the required period when applying the deemed service rule, but this was academic given the stay.

Court Disposition

Appeal dismissed; cross-appeal allowed in part

Orders

  • Stay of proceedings in favour of Scotland affirmed
  • Claim in England and Wales confined to damages suffered there; global damages claim struck out if not stayed