FNC
2017 ZAB “A stay will only be granted on the ground of FNC where the court is
satisfied that there is some other available forum, having jurisdiction,
which is the appropriate forum for trial of the action, i.e., in which the
case may be tried more suitably for the interests of all the parties and
the ends of justice.” Discuss.
2017 Oct “A national court may decline to exercise jurisdiction on the ground that
a court in another State, which also has jurisdiction, would objectively be
a more appropriate forum for the trial of the action, that is to say, a forum
in which the case may be tried more suitably for the interests of all the
parties and the ends of justice.” Spiliada. Discuss how the doctrine of
FNC has been developed by English courts.
2018 ZAB Discuss with reference to the case law, the development of the doctrine
of FNC.
2018 Oct (a) What are the six propositions laid down in Spiliada? Are they still
good law in England today? (b) Discuss the extent to which the doctrine
of FNC apply to lis alibi pendens cases.
2019 Oct “The decision in Spiliada has rendered the English approach to the FNC
doctrine much more congruent with the interdependent world of the
latter parts of the 20th century and respectful of the comity of nations.”
Discuss.
2020 ZA ‘… [A] stay will only be granted on the ground of forum non conveniens
where the court is satisfied that there is some other available forum,
having jurisdiction, which is the appropriate forum for trial of the action,
i.e. in which the case may be tried more suitably for the interests of all
the parties and the ends of justice.’ Discuss the powers of the English
courts in granting a stay on the ground of FNC.
2020 ZB By referring to the relevant case law, explain the doctrine of FNC and
distinguish the two stages of the enquiry involved.
2020 Oct ‘A stay will only be granted on the grounds of FNC where the court is
satisfied that there is some other available forum, having jurisdiction,
which is the appropriate forum to adjudicate on claim, i.e. in which the
case may be tried more suitably for the interests of all the parties and
the ends of justice.’ – Lord Goff, Spiliada. Critically discuss this
statement.
Forum Non Conveniens (FNC) – stop case in England and letting go to other court
2017 ZAB “A stay will only be granted on the ground of FNC where the court is
satisfied that there is some other available forum, having jurisdiction,
which is the appropriate forum for trial of the action, i.e., in which the
case may be tried more suitably for the interests of all the parties and
the ends of justice.” Discuss.
2017 Oct “A national court may decline to exercise jurisdiction on the ground that
a court in another State, which also has jurisdiction, would objectively be
a more appropriate forum for the trial of the action, that is to say, a forum
in which the case may be tried more suitably for the interests of all the
parties and the ends of justice.” Spiliada. Discuss how the doctrine of
FNC has been developed by English courts.
2018 ZAB Discuss with reference to the case law, the development of the doctrine
of FNC.
2018 Oct (a) What are the six propositions laid down in Spiliada? Are they still
good law in England today? (b) Discuss the extent to which the doctrine
of FNC apply to lis alibi pendens cases.
2019 Oct “The decision in Spiliada has rendered the English approach to the FNC
doctrine much more congruent with the interdependent world of the
latter parts of the 20th century and respectful of the comity of nations.”
Discuss.
2020 ZA ‘… [A] stay will only be granted on the ground of forum non conveniens
where the court is satisfied that there is some other available forum,
having jurisdiction, which is the appropriate forum for trial of the action,
i.e. in which the case may be tried more suitably for the interests of all
the parties and the ends of justice.’ Discuss the powers of the English
courts in granting a stay on the ground of FNC.
2020 ZB By referring to the relevant case law, explain the doctrine of FNC and
distinguish the two stages of the enquiry involved.
2020 Oct ‘A stay will only be granted on the grounds of FNC where the court is
satisfied that there is some other available forum, having jurisdiction,
which is the appropriate forum to adjudicate on claim, i.e. in which the
case may be tried more suitably for the interests of all the parties and
the ends of justice.’ – Lord Goff, Spiliada. Critically discuss this
statement.
Forum Non Conveniens (FNC) – stop case in England and letting go to other court
