Conflict of laws

Declaratory relief

The circumstances in which an English court will hear an action for negative declaratory relief brought by insurers against an assured outside the jurisdiction were considered by Langley J in Royal & Sun Alliance Insurance plc v Retail Brand Alliance Inc [2004] EWHC 2139 (Comm). The case is a short one, and makes the point that the English court is not justified in asserting jurisdiction which it does not have as of right (by means of an exclusive jurisdiction clause) unless there is some benefit to the parties in so doing.