18 September 2008
Equitas Ltd v Allstate Insurance Co [2008] EWHC 1671 (Comm), [2008] All ER (D) 229 (Jul)
Where proceedings are brought pursuant to an English exclusive jurisdiction clause, the clause has mandatory effect, and the court is deprived of its common law discretion to stay proceedings in favour of another jurisdiction on classic forum non conveniens grounds. In the exercise of case management powers, the burden on a defendant who seeks a stay where a plaintiff has founded jurisdiction in this country as of right is particularly significant where the jurisdiction of the English court is founded on a contractual provision.
