NICHE PRODUCTS LTD V MACDERMID OFFSHORE SOLUTIONS LLC

[2013] EWHC 1493 (Ch), High Court of Justice, Chancery Division, Mr Justice Warren, 5 June 2013

Jurisdiction - Stay - Forum non conveniens - Stay on case management grounds

This was the appeal of a decision by HHJ Birss QC in the Patents County Court ([2013] EWPCC 11) not to stay UK proceedings in favour of a parallel action in Texas. The parties each produced competing hydraulic fluids for use in subsea production control systems. The underlying dispute was in relation to a new formulation of MacDermid's product to comply with REACH, which Niche said was materially different and MacDermid said was the same as the original formulation. MacDermid had commenced proceedings in Texas shortly before Niche had commenced proceedings in UK; Niche contended that they had succeeded in doing so only due to delaying tactics. MacDermid now sought a permanent stay of the present proceedings on the grounds of forum non conveniens or alternatively a case management stay pending the outcome of the proceedings in Texas. MacDermid appealed.