Campbell v. Campbell [2014] 2 JLR 465 (07 November 2014)
- Citation
- [2014] 2 JLR 465
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Application to Stay Proceedings / Application to Set Aside Order Granting Leave for Service Out of Jurisdiction
More details
- Posture
- Civil / Application to Stay Proceedings / Application to Set Aside Order Granting Leave for Service Out of Jurisdiction
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The allocation of the burden of proof depends on the nature of the application: the defendant bears the burden on a forum non conveniens stay application, while the plaintiff bears the burden on an application to set aside leave for service out of jurisdiction.
02
Material facts
Parties
Campbell
PlaintiffCampbell
Defendant03
Procedural history
Posture
Civil / Application to Stay Proceedings / Application to Set Aside Order Granting Leave for Service Out of Jurisdiction
04
Questions and positions
Legal issues
Which party bears the burden of proof in applications regarding forum non conveniens and service out of jurisdiction?
Party arguments
- Applicant
- The defendant argues that another forum is more appropriate and seeks a stay of proceedings or to set aside the order for service out of jurisdiction.
- Respondent
- The plaintiff argues that Jersey is the appropriate forum for the proceedings.
05
Court’s reasoning
Legal principles
- 01
Campbell v. Campbell [2014] 2 JLR 465
On an application to stay proceedings on the ground of forum non conveniens, the burden is on the defendant to show that another forum is more appropriate.
- 02
Campbell v. Campbell [2014] 2 JLR 465
On an application to set aside an order granting leave for service of proceedings out of the jurisdiction, the burden is on the plaintiff to show that Jersey is the appropriate forum.
06
Ratio, limits and disposition
Ratio decidendi
The allocation of the burden of proof depends on the nature of the application: the defendant bears the burden on a forum non conveniens stay application, while the plaintiff bears the burden on an application to set aside leave for service out of jurisdiction.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Campbell v. Campbell [2014] 2 JLR 465 (07 November 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142465.html Cite as: [2014] 2 JLR 465 [ New search ] [ Help ] Campbell v. Campbell 2014 (2) JLR 465 (07 November 2014) Conflict of Laws-jurisdiction-forum conveniens-burden of proof-on application to stay proceedings on ground of forum non conveniens, burden on defendant to show other forum more appropriate-on application to set aside order granting leave for service of proceedings out of jurisdiction, burden on plaintiff to show Jersey appropriate forum The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (2) JLR 465 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142465.html
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