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 Irish High Court has no jurisdiction to stay proceedings on forum conveniens grounds where both parties are domiciled in contracting states due to the Brussels Convention's incorporation into Irish law.

Citation
[2001] 2 IR 1
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Application to Stay Proceedings on Grounds of Forum Conveniens
Outcome
application refused
Legal Topics
Forum Conveniens, Brussels Convention, Jurisdiction, Tort
Private International Law Civil Procedure Forum Conveniens Brussels Convention Jurisdiction Tort

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Does the Irish High Court 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 Irish High Court has no jurisdiction to stay proceedings on forum conveniens grounds where both parties are domiciled in contracting states due to the Brussels Convention's incorporation into Irish law.

Court Disposition

application refused

Orders

  • Court refuses to stay proceedings; litigation to proceed in Ireland