Kennedy v The National Trust for Scotland

Kennedy v The National Trust for Scotland

Forum non conveniens is not precluded by the Regulation in intra-UK disputes; the claim form was validly served when delivered, not when deemed served; global damages claims outside England and Wales must be struck out; Scotland is the more appropriate forum for trial.

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
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Forum Non Conveniens, Jurisdiction, Service of Process, Global Damages, Interpretation of CPR Rules
Civil Procedure Defamation Data Protection Forum Non Conveniens Jurisdiction Service of Process Global Damages Interpretation of CPR Rules

Case Brief

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Parties

Howard Kennedy

Appellant / Cross Respondent

The National Trust for Scotland

Respondent / Cross Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the doctrine of forum non conveniens applies between courts within the UK under the Regulation and Owusu v Jackson
  2. 2 Whether the claim form was validly served within the required period under CPR rules
  3. 3 Whether claims for global damages outside England and Wales should be struck out

Ratio Decidendi

Forum non conveniens is not precluded by the Regulation in intra-UK disputes; the claim form was validly served when delivered, not when deemed served; global damages claims outside England and Wales must be struck out; Scotland is the more appropriate forum for trial.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Claim stayed on grounds of forum non conveniens in favour of Scotland
  • Global damages claims outside England and Wales struck out