Does the Principle of Forum Non Conveniens Apply in the UK?

Forum non conveniens or ‘inappropriate forum’ is a legal principle concerning whether a court has jurisdiction over a legal dispute. It generally applies to cases with an international aspect but can also apply to battles over jurisdictions within the same country. The doctrine can be manipulated to influence the eventual outcome of a case by choosing which court and body of law has jurisdiction over your matter. For instance, you could apply this doctrine in the UK by insisting that your case is heard in a Scottish court, as this will be in a different jurisdiction to the courts in England and Wales. If you believe your case has more chance of success in Scotland, forum non conveniens may be advantageous to you.

The principles of forum non conveniens are also enshrined in European law with the signing of the Brussels Convention otherwise known as the Enforcement of Judgments in Civil and Commercial Matters 1968. The Convention is a component of the Civil Jurisdiction and Judgements Act 1991 that clearly states that not allowing the application of the principle of forum non conveniens is in contravention of the Brussels Convention itself.

It is not generally enough to simply state that you would like your case moved to a court within another jurisdiction. The court must be convinced that your case would be better served by a court that is not in England. As the House of Lords case of Spiliada Maratime Corporation v Cansulex Ltd illustrated, forum non conveniens may apply on the basis “that the case may be tried more suitably in the interests of the parties and for the ends of justice” in the other jurisdiction.

The court will weigh a number of factors when deciding whether a court in England is the most appropriate venue for your case. These factors will include: the nature of the dispute you are involved in; the location of evidence and witnesses that is critical to your case; the location of the litigants in the case; and whether another court in another jurisdiction has a closer connection with your dispute.

Questions of legal jurisdiction are very complex and if you are concerned about which jurisdiction your case should be heard in you should obtain legal advice from a solicitor specialising in your particular area of law. For example, forum non conveniens often arises in family law matters, particularly involving couples with assets and/or children located in different countries, in which case you should speak to a family solicitor who is experienced in international family disputes.