Inter-Tel Inc v Ocis Plc & Anor

Inter-Tel Inc v Ocis Plc & Anor

The enforceability of any judgment is of overwhelming importance; since only English courts can grant practically enforceable relief against the defendants, Arizona is not a meaningfully available forum. Defendants failed to establish that Arizona is clearly or distinctly more appropriate than England.

Parties
Claimant: Inter-Tel Inc; Defendant: OCIS PLC; Defendant: James D. Murphy; Claimant: Stephen G. Mihaylo
Jurisdiction
England and Wales
Judgment Date
12 October 2004
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Defendants' application for stay dismissed.
Legal Topics
Forum Non Conveniens, Harassment, Injunction, Enforcement of Foreign Judgments
Civil Procedure Private International Law Tort Forum Non Conveniens Harassment Injunction Enforcement of Foreign Judgments

Case Brief

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Parties

Inter-Tel Inc

Claimant

OCIS PLC

Defendant

James D. Murphy

Defendant

Stephen G. Mihaylo

Claimant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether proceedings should be stayed on grounds of forum non conveniens
  2. 2 Whether English or Arizona law applies to harassment claims
  3. 3 Whether enforceability of judgment is a decisive factor in forum selection

Ratio Decidendi

The enforceability of any judgment is of overwhelming importance; since only English courts can grant practically enforceable relief against the defendants, Arizona is not a meaningfully available forum. Defendants failed to establish that Arizona is clearly or distinctly more appropriate than England.

Court Disposition

Defendants' application for stay dismissed.

Orders

  • Interim injunction continued until return date after 7th December 2004.
  • Mr Mihaylo added as party and deemed representative for others with same interest.