ENNSTONE BUILDING PRODUCTS LIMITED v STANGER LIMITED

[2002] BLR 82

QUEEN’S BENCH DIVISION BIRMINGHAM DISTRICT REGISTRY TECHNOLOGY AND CONSTRUCTION COURT

Before Her Honour Judge Kirkham

Conflict of Laws - Jurisdiction - Whether doctrine of forum non conveniens applies where defendant domiciled in England and seeking stay on ground that Scotland more appropriate forum - Application of that doctrine - Relevance of possible expiry of limitation period - Relevance of failure of defendant to comply with Pre-Action Protocol - Civil Jurisdiction and Judgments Act 1982, sections 2 and 49; Schedule 4, Articles 2 and 5.