A Scottish Invasion via Europe?: Low Value PI Claims, Forum Non Conveniens and Owusu - Adam Clemens, 7BR
13/03/16. With the EU referendum imminent, and Scottish devolution having been recently decided – although that wee beastie may yet come round again – enter stage right a case that had it all. In conjoined cases in the Court of Appeal, Tesco and Virgin Media faced the argument that the application of European Law – Brussels Regulation 44/2011 – meant that English courts had no jurisdiction, based on forum non conveniens, to send Scottish cases, concerning all things Scottish, but issued in England, to be tried in Scotland. Put simply, European Law mandated that the court in the jurisdiction where where the claims were issued had no choice but to try them.
The proposition sounds counter-intuitive and plain wrong – and so it proved – but it throws up some interesting points and, perhaps surprisingly, there was no direct authority on point...
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