Source: All England Reporter
Publisher Citation: [2001] All ER (D) 257 (Dec)
Court: Queen's Bench Division, Commercial Court

David Steel J

Representation Michael Swainston and Roger Masefield (instructed by Reynolds Porter Chamberlain) for the claimants.
  Richard Millet (instructed by Clyde & Co) for the defendants.
Judgment Dates: 18 December 2001


Conflict of laws - Jurisdiction - Challenge to jurisdiction - Civil and commercial matters - Action for misrepresentation and non-disclosure on reinsurance contracts ||Original insurance concerning Colombian bank - London based reinsurers seeking negative declaratory relief against Colombian insurers - Contracts providing for English law - Whether on facts jurisdiction clause incorporated in contracts - Whether England appropriate forum.

The Case

An application by defendant insurers to set aside service of a claim form brought by reinsurers on the ground of forum non conveniens was dismissed on the facts; no jurisdiction clause had been incorporated and England was clearly the appropriate forum.

Practice Areas

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