Garcia v BIH (UK) Ltd [2017] EWHC 739 (Admlty) (06 April 2017)

Garcia v BIH (UK) Ltd [2017] EWHC 739 (Admlty) (06 April 2017)

The court held that although there was a real prospect of success against Total Gabon in contract (if a contractual nexus is established) and in tort (for failure to supervise the site), the most appropriate forum for the claim against Total Gabon is Gabon, not England. The English proceedings against Total Gabon are stayed, but the court retains jurisdiction to revisit the stay if evidence emerges that justice cannot be obtained in Gabon.

Citation
[2017] EWHC 739 (Admlty)
Parties
Claimant: Mr Garcia; First Defendant: BIH (UK) Limited; Second Defendant: Total Gabon; Third Defendant: Sigma
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Personal Injury / Jurisdictional Challenge / Application to Set Aside Service and Challenge Jurisdiction
Outcome
Stay of proceedings against Second Defendant (Total Gabon) in England; permission to apply to lift stay if access to justice in Gabon is in issue; application otherwise refused.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Forum Non Conveniens, Tort Liability, Contractual Liability
Private International Law Personal Injury Employment Law Jurisdiction Service Out of Jurisdiction Forum Non Conveniens Tort Liability Contractual Liability

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Parties

Mr Garcia

Claimant

BIH (UK) Limited

First Defendant

Total Gabon

Second Defendant

Sigma

Third Defendant

Procedural Posture

Personal Injury / Jurisdictional Challenge / Application to Set Aside Service and Challenge Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Second Defendant (Total Gabon)
  2. 2 Whether permission to serve out of the jurisdiction was properly granted
  3. 3 Whether England and Wales is the appropriate forum for the claim against Total Gabon

Ratio Decidendi

The court held that although there was a real prospect of success against Total Gabon in contract (if a contractual nexus is established) and in tort (for failure to supervise the site), the most appropriate forum for the claim against Total Gabon is Gabon, not England. The English proceedings against Total Gabon are stayed, but the court retains jurisdiction to revisit the stay if evidence emerges that justice cannot be obtained in Gabon.

Court Disposition

Stay of proceedings against Second Defendant (Total Gabon) in England; permission to apply to lift stay if access to justice in Gabon is in issue; application otherwise refused.

Orders

  • Proceedings against Total Gabon stayed in England.
  • Permission to apply to lift stay if evidence arises regarding access to justice in Gabon.