Klifa v Slater & Anor [2022] EWHC 427 (QB) (28 February 2022)

Klifa v Slater & Anor [2022] EWHC 427 (QB) (28 February 2022)

France is the clearly more appropriate forum for the quantification of damages arising from a French accident governed by French law, with all relevant witnesses and loss located in France. The fact that English procedural law would apply in England would result in greater cost and inefficiency. No special circumstances or injustice require the claim to proceed in England, as the claimant can obtain substantial justice in France and there is no limitation bar. The application for a stay is therefore granted.

Citation
[2022] EWHC 427 (QB)
Parties
Claimant: Sylvie Klifa; First Defendant: Simon Slater; Second Defendant: Insure and Go Insurance Services Limited
Jurisdiction
England and Wales
Judgment Date
28 February 2022
Procedural Posture
Personal Injury Claim (quantum Only, Liability Admitted) / Application to Stay Proceedings on Forum Non Conveniens Grounds
Outcome
Stay granted; proceedings in England & Wales stayed on forum non conveniens grounds in favour of France.
Legal Topics
Forum Non Conveniens, Jurisdiction Post Brexit, Applicable Law (rome Ii), Enforcement of Foreign Judgments, Quantification of Damages Under Foreign Law
Private International Law Personal Injury Forum Non Conveniens Jurisdiction Post Brexit Applicable Law (rome Ii) Enforcement of Foreign Judgments Quantification of Damages Under Foreign Law

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Parties

Sylvie Klifa

Claimant

Simon Slater

First Defendant

Insure and Go Insurance Services Limited

Second Defendant

Procedural Posture

Personal Injury Claim (quantum Only, Liability Admitted) / Application to Stay Proceedings on Forum Non Conveniens Grounds

Legal Issues

  1. 1 Whether the courts of England & Wales should stay proceedings on grounds of forum non conveniens in favour of France after Brexit
  2. 2 Whether France is a clearly more appropriate forum for the quantification of damages under French law
  3. 3 Whether justice requires the claim to proceed in England despite France being a more appropriate forum

Ratio Decidendi

France is the clearly more appropriate forum for the quantification of damages arising from a French accident governed by French law, with all relevant witnesses and loss located in France. The fact that English procedural law would apply in England would result in greater cost and inefficiency. No special circumstances or injustice require the claim to proceed in England, as the claimant can obtain substantial justice in France and there is no limitation bar. The application for a stay is therefore granted.

Court Disposition

Stay granted; proceedings in England & Wales stayed on forum non conveniens grounds in favour of France.

Orders

  • Proceedings stayed pending determination in France
  • No finding on costs in this judgment