Court of Appeal Bound by Authority

ACE Insurance SA/NV v Zurich Insurance Co and Another (CA TLR 27 February)

The Court of Appeal rejected the claimants’ submissions that the cases which decided that the English court could stay an action against a defendant which was a party to the Brussels Convention on the ground of forum non conveniens, were wrongly decided and therefore were not binding on the court. The cases did not fall outside the rationale of the rule as to per incuriam decisions. Therefore the cases were binding on the court.