The Weekly Law Reports
[2020] 2 WLR 275
Court of Appeal
Kennedy
v
National Trust for Scotland
[2019] EWCA Civ 648
2018 July 25, 26; 2019 April 16
Sharp, Asplin LJJ, Sir Rupert Jackson
Practice— Claim form— Service— Claimant serving claim form on defendant by posting— Defendant receiving claim form on final day of six-month period for valid service— Whether claim form deemed to have arrived on second business day after posting— Whether deeming provision in rules having more limited effect—
CPR
r 6.14
Conflict of laws— Jurisdiction— Forum non conveniens— Claimant issuing proceedings in High Court against defendant domiciled in Scotland— Defendant seeking stay of proceedings on grounds Scotland more appropriate forum— Whether grant of stay on forum non conveniens grounds inconsistent with mandatory rule of jurisdiction under European Union law— Whether European Union law precluding grant of stay—
Parliament and Council Regulation (EU) No 1215/2012, art 4(1)