Catarina Oliveira da Silva & Ors v Brazil Iron Limited & Anor
Although Brazil has the most real and substantial connection to the claims, there is a real risk that claimants will not be able to obtain substantial justice there due to the economics of litigation, limited funding options, and the absence of viable CFA or legal aid arrangements for lawyers' fees; undertakings by defendants do not remedy this risk. Therefore, the English court should retain jurisdiction and refuse a stay.
Source excerpt
- Forum non conveniens
- Access to justice
- Group litigation
- Environmental torts
- Funding of litigation