Booth v Phillips & Ors

Booth v Phillips & Ors

The English court has jurisdiction over the Second to Fourth Defendants as necessary or proper parties and because damage was sustained within the jurisdiction; England is the proper forum as all claims can be heard together and no formal undertakings to submit to Jordanian jurisdiction were given; the applications to stay proceedings and set aside service out are dismissed.

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
Commercial Court Civil Action / Ruling on Jurisdiction and Forum Conveniens Applications
Outcome
Defendants’ applications dismissed
Legal Topics
Jurisdiction, Forum Conveniens, Negligence, Breach of Contract, Fatal Accidents, Service Out of Jurisdiction
Civil Procedure Tort Law Employment Law Jurisdiction Forum Conveniens Negligence Breach of Contract Fatal Accidents +1 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

Commercial Court Civil Action / Ruling on Jurisdiction and Forum Conveniens Applications

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Second to Fourth Defendants
  2. 2 Whether England is the proper forum for the trial
  3. 3 Whether the contract of employment is governed by English law

Ratio Decidendi

The English court has jurisdiction over the Second to Fourth Defendants as necessary or proper parties and because damage was sustained within the jurisdiction; England is the proper forum as all claims can be heard together and no formal undertakings to submit to Jordanian jurisdiction were given; the applications to stay proceedings and set aside service out are dismissed.

Court Disposition

Defendants’ applications dismissed

Orders

  • Proceedings against First Defendant not stayed
  • Permission for service out of jurisdiction on Second to Fourth Defendants upheld