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Howard Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB)

22/01/2018

 

A libel and data protection claim has been stayed on the basis that Scotland is the more appropriate forum for the trial of the action. In an important judgment, Sir David Eady confirmed that the existence of foreign republications did not mean that the Brussels Recast Regulation prevented the operation of the doctrine of forum non conveniens to a dispute which was otherwise wholly internal to the UK. The judgment also analyses the distinction between deemed and actual service of a claim form under the CPR, concluding that the claim form was validly served in time in this instance.  David Glen and Hannah Ready, instructed by RPC, for the Defendant.

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