C. (D.) v. O'C. (W.) [2000] IEHC 102; [2001] 2 IR 1 (5th July, 2000)

C. (D.) v. O'C. (W.) [2000] IEHC 102; [2001] 2 IR 1 (5th July, 2000)

The discretion of the Irish court to stay proceedings on the basis of forum conveniens does not survive the incorporation of the Brussels Convention into Irish law when both parties are domiciled in contracting states.

Citation
[2000] IEHC 102
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Application to Stay Proceedings on Grounds of Forum Conveniens
Outcome
application to stay proceedings refused
Legal Topics
Forum Conveniens, Brussels Convention, Jurisdiction, Tort
Civil Procedure Private International Law Forum Conveniens Brussels Convention Jurisdiction Tort

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Plenary Summons / Application to Stay Proceedings on Grounds of Forum Conveniens

Legal Issues

  1. 1 Whether Irish courts retain discretion to stay proceedings on grounds of forum conveniens where both parties are domiciled in contracting states under the Brussels Convention

Ratio Decidendi

The discretion of the Irish court to stay proceedings on the basis of forum conveniens does not survive the incorporation of the Brussels Convention into Irish law when both parties are domiciled in contracting states.

Court Disposition

application to stay proceedings refused

Orders

  • Court holds it has no jurisdiction to stay proceedings on grounds of forum conveniens under the Brussels Convention