BLOMQVIST V ZAVARCO PLC

[2015] EWHC 1898 (Ch), High Court of Justice, Chancery Division, Deputy High Court Judge David Donaldson QC, 2 July 2015

Jurisdiction - Stay - Application for a stay on grounds of forum non conveniens under the Recast Brussels I Jurisdiction Regulation - Lis alibi pendens - Exclusive jurisdiction under article 24 - Qualified discretionary power to stay under article 34

The claimant, Mr B, was a shareholder of the defendant, Z plc, a south-east Asian telecommunications company. In the context of a battle for control over Z, the company had commenced an action against B and five former directors before the Malaysian High Court on 16 March 2015. B commenced an action before the English High Court on 14 April 2015 whereupon Z applied for a stay on the grounds of forum non conveniens and lis alibi pendens. The company was domiciled in England so that the Recast Brussels I Regulation applied to jurisdiction, giving space for the application of forum non conveniens rules.