ABC v Harbours & Airport Cttee. [1990] JLR 1 (24 January 1990)
The court has the discretion to stay or strike out proceedings to prevent parallel litigation where the same remedy is available in both courts, favoring the forum most appropriate for resolution.
- Citation
- [1990] JLR 1
- Parties
- Applicant: ABC; Respondent: Harbours & Airport Committee
- Jurisdiction
- Jersey
- Judgment Date
- 24 January 1990
- Procedural Posture
- Civil / Application for Stay of Proceedings
- Outcome
- stay of proceedings granted
- Legal Topics
- Parallel Proceedings, Stay of Proceedings, Forum Non Conveniens
Case Brief
Summary, issues, holding and outcome
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Parties
ABC
Applicant
Harbours & Airport Committee
Respondent
Procedural Posture
Civil / Application for Stay of Proceedings
Legal Issues
- 1 Whether the court should stay or strike out proceedings to avoid parallel proceedings where the same remedy is available in both courts
Ratio Decidendi
The court has the discretion to stay or strike out proceedings to prevent parallel litigation where the same remedy is available in both courts, favoring the forum most appropriate for resolution.
Court Disposition
stay of proceedings granted
Orders
- Proceedings in the less appropriate court are stayed to avoid parallel litigation.
Full Case Text
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