Performing Right Society Ltd v Qatar Airways Group QCS

Performing Right Society Ltd v Qatar Airways Group QCS

Qatar Airways failed to show that Qatar is clearly and distinctly the natural forum with which the action has the most real and substantial connection. Both the UK and Qatar have significant connections to the dispute, and the case involves acts and laws of multiple jurisdictions. The fact that more acts may be governed by Qatari law does not make Qatar the natural forum. There is no basis to stay the proceedings on forum non conveniens or case management grounds.

Parties
Claimant: Performing Right Society Limited; Defendant: Qatar Airways Group Q. C. S. C.
Jurisdiction
England and Wales
Judgment Date
17 July 2020
Procedural Posture
Intellectual Property/copyright Infringement / Interlocutory Application to Stay Proceedings on Grounds of Forum Non Conveniens or Case Management
Outcome
application dismissed
Legal Topics
Copyright Infringement, Forum Non Conveniens, Jurisdiction, Case Management
Intellectual Property Private International Law Copyright Infringement Forum Non Conveniens Jurisdiction Case Management

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Parties

Performing Right Society Limited

Claimant

Qatar Airways Group Q. C. S. C.

Defendant

Procedural Posture

Intellectual Property/copyright Infringement / Interlocutory Application to Stay Proceedings on Grounds of Forum Non Conveniens or Case Management

Legal Issues

  1. 1 Whether the English court should stay proceedings on grounds of forum non conveniens in favour of Qatar
  2. 2 Whether the English court should stay non-UK copyright claims on case management grounds

Ratio Decidendi

Qatar Airways failed to show that Qatar is clearly and distinctly the natural forum with which the action has the most real and substantial connection. Both the UK and Qatar have significant connections to the dispute, and the case involves acts and laws of multiple jurisdictions. The fact that more acts may be governed by Qatari law does not make Qatar the natural forum. There is no basis to stay the proceedings on forum non conveniens or case management grounds.

Court Disposition

application dismissed

Orders

  • The application to stay proceedings on grounds of forum non conveniens or case management is dismissed.