Garcia v BIH (UK) Ltd

Garcia v BIH (UK) Ltd

The English court has jurisdiction over the claim against the First Defendant (BIH (UK) Limited) and, at the time of the application, Total Gabon was a necessary and proper party with a real prospect of a claim in contract or tort. However, following default judgment against BIH and Sigma, and considering all relevant factors, Gabon is the most appropriate forum for the claim against Total Gabon. The proceedings in England are stayed, but permission to apply is granted should access to justice in Gabon become an issue.

Parties
Claimant: Laurent Garcia; First Defendant: BIH (UK) Limited; Second Defendant: Total Gabon S.A.; Third Defendant: Sigma Offshore SARL
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Personal Injury / Employer's Liability / Jurisdictional Challenge / Ruling on Application to Set Aside Service and Stay Proceedings for Want of Jurisdiction
Outcome
Application granted in part; proceedings in England stayed as against Total Gabon, with permission to apply. Application otherwise refused.
Legal Topics
Jurisdiction, Forum Non Conveniens, Service Out of Jurisdiction, Necessary and Proper Party, Summary Judgment, Applicable Law, Personal Injury, Employer's Liability
Private International Law Tort Law Employment Law Civil Procedure Jurisdiction Forum Non Conveniens Service Out of Jurisdiction Necessary and Proper Party +4 more

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Parties

Laurent Garcia

Claimant

BIH (UK) Limited

First Defendant

Total Gabon S.A.

Second Defendant

Sigma Offshore SARL

Third Defendant

Procedural Posture

Personal Injury / Employer's Liability / Jurisdictional Challenge / Ruling on Application to Set Aside Service and Stay Proceedings for Want of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Second Defendant (Total Gabon)
  2. 2 Whether service out of the jurisdiction on Total Gabon should be set aside
  3. 3 Whether England and Wales is the appropriate forum for the claim against Total Gabon

Ratio Decidendi

The English court has jurisdiction over the claim against the First Defendant (BIH (UK) Limited) and, at the time of the application, Total Gabon was a necessary and proper party with a real prospect of a claim in contract or tort. However, following default judgment against BIH and Sigma, and considering all relevant factors, Gabon is the most appropriate forum for the claim against Total Gabon. The proceedings in England are stayed, but permission to apply is granted should access to justice in Gabon become an issue.

Court Disposition

Application granted in part; proceedings in England stayed as against Total Gabon, with permission to apply. Application otherwise refused.

Orders

  • Stay of proceedings in England against the Second Defendant (Total Gabon)
  • Permission to apply to lift the stay if access to justice in Gabon becomes an issue