Campbell v. Campbell [2014] 2 JLR 465 (07 November 2014)

Campbell v. Campbell [2014] 2 JLR 465 (07 November 2014)

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.

Citation
[2014] 2 JLR 465
Parties
Plaintiff: Campbell; Defendant: Campbell
Jurisdiction
Jersey
Judgment Date
07 November 2014
Procedural Posture
Civil / Application to Stay Proceedings / Application to Set Aside Order Granting Leave for Service Out of Jurisdiction
Legal Topics
Forum Conveniens, Burden of Proof, Jurisdiction, Service Out of Jurisdiction
Conflict of Laws Forum Conveniens Burden of Proof Jurisdiction Service Out of Jurisdiction

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Parties

Campbell

Plaintiff

Campbell

Defendant

Procedural Posture

Civil / Application to Stay Proceedings / Application to Set Aside Order Granting Leave for Service Out of Jurisdiction

Legal Issues

  1. 1 Which party bears the burden of proof in applications regarding forum non conveniens and service out of jurisdiction?

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.