Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB) (17 January 2018)

Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB) (17 January 2018)

Service of the claim form in Scotland was valid as it was actually effected before expiry of its validity, and the deeming provision in CPR r 6.14 does not retrospectively invalidate service. However, the proceedings should be stayed on grounds of forum non conveniens as Scotland is the more appropriate forum given...

Source-derived case information.

Citation
[2017] EWHC 3368
Parties
Claimant: Howard Kennedy; Defendant: The National Trust for Scotland
Jurisdiction
England and Wales
Judgment Date
17 January 2018
Procedural Posture
Civil (defamation, Negligence, Data Protection) / Interlocutory Application Regarding Validity of Service, Forum Non Conveniens, and Scope of Damages
Outcome
Proceedings stayed on grounds of forum non conveniens; declaration granted that service was valid.
Legal Topics
Service of Process, Forum Non Conveniens, Jurisdiction, Limitation Periods, Damages, Companies Act Service, Brussels Recast Regulation, CPR Interpretation
Civil Procedure Defamation Data Protection Negligence Service of Process Forum Non Conveniens Jurisdiction Limitation Periods +4 more

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Parties

Howard Kennedy

Claimant

The National Trust for Scotland

Defendant

Procedural Posture

Civil (defamation, Negligence, Data Protection) / Interlocutory Application Regarding Validity of Service, Forum Non Conveniens, and Scope of Damages

Legal Issues

  1. 1 Whether service of the claim form on the Defendant in Scotland was valid under the CPR
  2. 2 Whether the proceedings should be stayed on grounds of forum non conveniens in favour of Scotland
  3. 3 Whether the English court has jurisdiction to award global damages for publications outside England & Wales

Ratio Decidendi

Service of the claim form in Scotland was valid as it was actually effected before expiry of its validity, and the deeming provision in CPR r 6.14 does not retrospectively invalidate service. However, the proceedings should be stayed on grounds of forum non conveniens as Scotland is the more appropriate forum given the domicile of the parties, locus of events, and ability to grant global remedies.

Court Disposition

Proceedings stayed on grounds of forum non conveniens; declaration granted that service was valid.

Orders

  • Declaration that service of the claim form was validly effected in Scotland.
  • Stay of proceedings in England on grounds of forum non conveniens.