Kennedy v The National Trust for Scotland

Kennedy v The National Trust for Scotland

Service of the claim form in Scotland was valid as it was actually effected within the six-month period, and the deeming provision does not invalidate service. However, the proceedings should be stayed on grounds of forum non conveniens because Scotland is the more appropriate forum, given the domicile of the parties, locus of events, and the Scottish courts' ability to grant full relief.

Parties
Claimant: Howard Kennedy; Defendant: The National Trust for Scotland
Jurisdiction
England and Wales
Judgment Date
17 January 2018
Procedural Posture
Civil / Interlocutory Application for Declaration as to Validity of Service and Application for Stay on Grounds of Forum Non Conveniens
Outcome
Stay granted on grounds of forum non conveniens; declaration that service was valid.
Legal Topics
Service of Process, Jurisdiction, Forum Non Conveniens, Limitation Period, Damages, Retrospective Relief, Companies Act Service, International Publication, Special and General Jurisdiction
Civil Procedure Defamation Data Protection Negligence Service of Process Jurisdiction Forum Non Conveniens Limitation Period +5 more

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Parties

Howard Kennedy

Claimant

The National Trust for Scotland

Defendant

Procedural Posture

Civil / Interlocutory Application for Declaration as to Validity of Service and Application for Stay on Grounds of Forum Non Conveniens

Legal Issues

  1. 1 Whether service of the claim form in Scotland was valid under the Civil Procedure Rules
  2. 2 Whether the proceedings should be stayed on grounds of forum non conveniens in favour of Scotland
  3. 3 Whether the claim for global damages should be struck out

Ratio Decidendi

Service of the claim form in Scotland was valid as it was actually effected within the six-month period, and the deeming provision does not invalidate service. However, the proceedings should be stayed on grounds of forum non conveniens because Scotland is the more appropriate forum, given the domicile of the parties, locus of events, and the Scottish courts' ability to grant full relief.

Court Disposition

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

Orders

  • Proceedings stayed in favour of Scotland as the more appropriate forum.
  • Declaration that service of the claim form in Scotland was valid.