Novus Aviation Ltd v Onur Air Tasimacilik AS

Novus Aviation Ltd v Onur Air Tasimacilik AS

The judge correctly applied the principles for determining the appropriate forum, did not equate choice of English law with forum, and was entitled to conclude that England was the appropriate forum for trial; there was no error of principle or misdirection justifying appellate interference.

Parties
Claimant/respondent: Novus Aviation Limited; Defendant/appellant: Onur Air Tasimacilik AS
Jurisdiction
England and Wales
Judgment Date
27 February 2009
Procedural Posture
Commercial Contract Dispute / Appeal From High Court Decision Refusing to Set Aside Order for Service Out of Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Forum Non Conveniens, Governing Law of Contract
Private International Law Commercial Law Jurisdiction Service Out of Jurisdiction Forum Non Conveniens Governing Law of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Novus Aviation Limited

Claimant/respondent

Onur Air Tasimacilik AS

Defendant/appellant

Procedural Posture

Commercial Contract Dispute / Appeal From High Court Decision Refusing to Set Aside Order for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether England is the appropriate forum for trial of the dispute under CPR 6.20(5)(c)
  2. 2 Whether the judge erred in equating choice of English law and language with choice of English forum
  3. 3 Whether the claimant discharged the burden of showing England is the natural forum

Ratio Decidendi

The judge correctly applied the principles for determining the appropriate forum, did not equate choice of English law with forum, and was entitled to conclude that England was the appropriate forum for trial; there was no error of principle or misdirection justifying appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Permission to serve proceedings out of the jurisdiction in Turkey upheld