Banks V. CGU Insurance Plc [2004] ScotCS 241 (05 November 2004)

Banks V. CGU Insurance Plc [2004] ScotCS 241 (05 November 2004)

The action has scant connection with Scotland but the connections with England are matters of convenience rather than substance; the event giving rise to the claim occurred in Greece and Greek law applies; there are no weighty reasons to sustain the plea of forum non conveniens; the interests of justice do not require the pursuer to be compelled to litigate in England where her claim would be time barred.

Citation
[2004] ScotCS 241
Parties
Pursuer: Kelly Banks; Defender: CGU Insurance PLC
Jurisdiction
Scotland
Judgment Date
05 November 2004
Procedural Posture
Personal Injury / Procedure Roll Hearing on Forum Non Conveniens
Outcome
plea of forum non conveniens repelled; proof before answer allowed
Legal Topics
Forum Non Conveniens, Limitation Periods, Jurisdiction, Road Traffic Accident, Direct Action Against Insurer
Private International Law Civil Procedure Forum Non Conveniens Limitation Periods Jurisdiction Road Traffic Accident Direct Action Against Insurer

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Parties

Kelly Banks

Pursuer

CGU Insurance PLC

Defender

Procedural Posture

Personal Injury / Procedure Roll Hearing on Forum Non Conveniens

Legal Issues

  1. 1 Whether the Scottish court should decline jurisdiction on grounds of forum non conveniens in favour of English courts
  2. 2 Whether the pursuer's claim is time barred under Greek law

Ratio Decidendi

The action has scant connection with Scotland but the connections with England are matters of convenience rather than substance; the event giving rise to the claim occurred in Greece and Greek law applies; there are no weighty reasons to sustain the plea of forum non conveniens; the interests of justice do not require the pursuer to be compelled to litigate in England where her claim would be time barred.

Court Disposition

plea of forum non conveniens repelled; proof before answer allowed

Orders

  • defenders' first and second pleas-in-law repelled
  • proof before answer allowed