Campbell -v- Campbell and Longton [2014] JRC 213B (07 November 2014)

Campbell -v- Campbell and Longton [2014] JRC 213B (07 November 2014)

Jersey is the appropriate forum for trial of the dispute as the assets in question are situated in Jersey, the agreements are most closely connected to Jersey law, relevant documents and parties are in Jersey, and the dispute is self-contained and not dependent on wider English proceedings. The application to amend the summons to include a set aside application was refused due to non-compliance with procedural time limits and lack of good reason for delay.

Citation
[2014] JRC 213B
Parties
Plaintiff: Richard; First Defendant: Robert; Second Defendant: Longton Holdings Limited; Nominee Shareholders for Robert: Parties Cited
Jurisdiction
Jersey
Judgment Date
07 November 2014
Procedural Posture
Civil Application to Stay Proceedings (forum Non Conveniens) and Application to Set Aside Service Out of Jurisdiction / Interlocutory Application Before the Bailiff
Outcome
Application to stay proceedings refused; application to amend summons to include set aside application refused.
Legal Topics
Forum Non Conveniens, Jurisdiction, Constructive Trusts, Service Out of Jurisdiction, Burden of Proof
Private International Law Trusts and Equity Civil Procedure Forum Non Conveniens Jurisdiction Constructive Trusts Service Out of Jurisdiction Burden of Proof

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 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Richard

Plaintiff

Robert

First Defendant

Longton Holdings Limited

Second Defendant

Parties Cited

Nominee Shareholders for Robert

Procedural Posture

Civil Application to Stay Proceedings (forum Non Conveniens) and Application to Set Aside Service Out of Jurisdiction / Interlocutory Application Before the Bailiff

Legal Issues

  1. 1 Whether the proceedings should be stayed on the ground of forum non conveniens in favour of England
  2. 2 Whether leave should be granted to amend the summons to include an application to set aside the order for service out of the jurisdiction
  3. 3 Which forum is the most appropriate for trial of the dispute over shares and loan in Longton Holdings Limited

Ratio Decidendi

Jersey is the appropriate forum for trial of the dispute as the assets in question are situated in Jersey, the agreements are most closely connected to Jersey law, relevant documents and parties are in Jersey, and the dispute is self-contained and not dependent on wider English proceedings. The application to amend the summons to include a set aside application was refused due to non-compliance with procedural time limits and lack of good reason for delay.

Court Disposition

Application to stay proceedings refused; application to amend summons to include set aside application refused.

Orders

  • Proceedings to continue in Jersey; no stay granted.
  • No leave to amend summons to include set aside application.