Booth v Phillips & Ors [2004] EWHC 1437 (Admlty) (17 June 2004)

Booth v Phillips & Ors [2004] EWHC 1437 (Admlty) (17 June 2004)

The English court has jurisdiction over the Second to Fourth Defendants under CPR 6.20(3) as necessary or proper parties and under CPR 6.20(8) as damage was sustained within the jurisdiction; England is the proper forum for the trial as all claims can be heard together and no formal undertakings to submit to Jordanian jurisdiction were given by Defendants.

Citation
[2004] EWHC 1437 (Admlty)
Parties
Claimant: Margaret Patricia Booth; First Defendant: Captain Peter Julian Phillips; Second Defendant: Hijazi & Ghosheh Group; Third Defendant: Blue Ice Shipping Corporation; Fourth Defendant: Arab Ship Management Company (sued in its former name of International Ship Management Company)
Jurisdiction
England and Wales
Judgment Date
17 June 2004
Procedural Posture
Negligence and Breach of Contract Claim / Interlocutory Applications Regarding Jurisdiction and Forum Conveniens
Outcome
Defendants' applications dismissed
Legal Topics
Jurisdiction, Forum Conveniens, Negligence, Breach of Contract, Fatal Accidents Act, Service Out of Jurisdiction
Tort Contract Private International Law Civil Procedure Jurisdiction Forum Conveniens Negligence Breach of Contract +2 more

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Parties

Margaret Patricia Booth

Claimant

Captain Peter Julian Phillips

First Defendant

Hijazi & Ghosheh Group

Second Defendant

Blue Ice Shipping Corporation

Third Defendant

Arab Ship Management Company (sued in its former name of International Ship Management Company)

Fourth Defendant

Procedural Posture

Negligence and Breach of Contract Claim / Interlocutory Applications Regarding Jurisdiction and Forum Conveniens

Legal Issues

  1. 1 Whether the English court has jurisdiction over foreign defendants under CPR 6.20
  2. 2 Whether England is the proper forum for the trial (forum conveniens)
  3. 3 Whether damage was sustained within the jurisdiction under CPR 6.20(8)

Ratio Decidendi

The English court has jurisdiction over the Second to Fourth Defendants under CPR 6.20(3) as necessary or proper parties and under CPR 6.20(8) as damage was sustained within the jurisdiction; England is the proper forum for the trial as all claims can be heard together and no formal undertakings to submit to Jordanian jurisdiction were given by Defendants.

Court Disposition

Defendants' applications dismissed

Orders

  • Permission to serve proceedings out of jurisdiction on Second to Fourth Defendants confirmed
  • Proceedings against First Defendant not stayed