Irving & Anor v Darbyshire & Ors

Irving & Anor v Darbyshire & Ors

The Isle of Man is clearly and distinctly the more appropriate forum for determination of the claim, and it would not be unjust to deprive the claimants of a trial in England.

Parties
Claimant: Jonathan Irving; Claimant: Jamie Irving; Defendant: Adrian Darbyshire; Defendant: Richard Butt; Defendant: Isle of Man Newspapers
Jurisdiction
England and Wales
Judgment Date
29 July 2013
Procedural Posture
Civil / Application for Stay of Proceedings on Grounds of Forum Non Conveniens
Outcome
Stay granted on grounds of forum non conveniens
Legal Topics
Forum Non Conveniens, Jurisdiction, Stay of Proceedings
Civil Procedure Conflict of Laws Forum Non Conveniens Jurisdiction Stay of Proceedings

Case Brief

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Parties

Jonathan Irving

Claimant

Jamie Irving

Claimant

Adrian Darbyshire

Defendant

Richard Butt

Defendant

Isle of Man Newspapers

Defendant

Procedural Posture

Civil / Application for Stay of Proceedings on Grounds of Forum Non Conveniens

Legal Issues

  1. 1 Whether the proceedings in England should be stayed on the ground of forum non conveniens in favour of the Isle of Man

Ratio Decidendi

The Isle of Man is clearly and distinctly the more appropriate forum for determination of the claim, and it would not be unjust to deprive the claimants of a trial in England.

Court Disposition

Stay granted on grounds of forum non conveniens

Orders

  • Proceedings in England stayed pursuant to CPR 11