Owusu v Jackson & Ors [2002] EWCA Civ 877 (19 June 2002)

Owusu v Jackson & Ors [2002] EWCA Civ 877 (19 June 2002)

The court held that, in light of the current interpretation of the Brussels Convention by the European Court of Justice, it was not open to stay proceedings against a defendant domiciled in England in favour of a non-contracting state (Jamaica) under forum non conveniens. The court referred the question to the European Court of Justice for a preliminary ruling, as the issue had not been definitively resolved at the European level.

Citation
[2002] EWCA Civ 877
Parties
Claimant/respondent: Andrew Owusu; First Defendant/appellant: Nugent B Jackson; Second Defendant: Mammee Bay Resorts Limited; Third Defendant/appellant: Mammee Bay Club Limited; Fourth Defendant/appellant: The Enchanted Garden Resorts & Spa Ltd; Fifth Defendant: Consulting Services Limited; Sixth Defendant/appellant: Town & Country Resorts Limited
Jurisdiction
England and Wales
Judgment Date
19 June 2002
Procedural Posture
Appeal From Queen’s Bench Division (high Court) / Reference to European Court of Justice for Preliminary Ruling; Appeal Not Finally Determined
Outcome
Reference to European Court of Justice for preliminary ruling; costs reserved; appeal not finally determined.
Legal Topics
Jurisdiction, Forum Non Conveniens, Brussels Convention, Service Out of Jurisdiction, Reciprocal Enforcement of Judgments, Joinder of Parties
Private International Law Civil Procedure Tort Law Contract Law European Union Law Jurisdiction Forum Non Conveniens Brussels Convention +3 more

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 25 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andrew Owusu

Claimant/respondent

Nugent B Jackson

First Defendant/appellant

Mammee Bay Resorts Limited

Second Defendant

Mammee Bay Club Limited

Third Defendant/appellant

The Enchanted Garden Resorts & Spa Ltd

Fourth Defendant/appellant

Consulting Services Limited

Fifth Defendant

Town & Country Resorts Limited

Sixth Defendant/appellant

Procedural Posture

Appeal From Queen’s Bench Division (high Court) / Reference to European Court of Justice for Preliminary Ruling; Appeal Not Finally Determined

Legal Issues

  1. 1 Whether English courts can stay proceedings against a defendant domiciled in England in favour of a non-contracting state (Jamaica) under the doctrine of forum non conveniens when Article 2 of the Brussels Convention applies
  2. 2 Whether the Brussels Convention precludes the application of forum non conveniens in cases involving only one contracting state and a non-contracting state
  3. 3 Whether Jamaican defendants are necessary or proper parties to the English proceedings

Ratio Decidendi

The court held that, in light of the current interpretation of the Brussels Convention by the European Court of Justice, it was not open to stay proceedings against a defendant domiciled in England in favour of a non-contracting state (Jamaica) under forum non conveniens. The court referred the question to the European Court of Justice for a preliminary ruling, as the issue had not been definitively resolved at the European level.

Court Disposition

Reference to European Court of Justice for preliminary ruling; costs reserved; appeal not finally determined.

Orders

  • Costs of the appeal up to the date of reference to the European Court of Justice be reserved.