G.A.F. CORPORATION v. AMCHEM PRODUCTS INC.

[1975] 1 Lloyd's Rep. 601

COURT OF APPEAL

Before Lord Justice Russell and Lord Justice Stamp

Practice - Service out of jurisdiction - Contract made in the United States between two United States companies - United States law proper law of contract - Proceedings pending in the United States - Writ claiming (i) Declaration that plaintiffs "exclusively entitled to all legal and/or equitable or beneficial interest"; (ii) "An Order directing defendants to do all acts and sign all documents necessary to affect the assignment by the defendants to the plaintiffs" of a patent; "Alternatively that the defendants hold the same in trust for the plaintiffs and for the plaintiffs' benefit"; (iii) "An injunction to restrain the defendants . . . from taking any action for the enforcement of, or amending, or abandoning or failing to maintain in force or assigning other than to the plaintiffs" a patent - Whether service of notice of writ should have been allowed out of jurisdiction - Rules of the Supreme Court, O. 11, r. 1 (g), (i) - Whether breach committed "within the jurisdiction" - Whether claim for injunction ordering defendants to do or refrain from doing anything "within the jurisdiction" - Whether English Court was forum conveniens - Whether case was a proper one for service out of jurisdiction - Discretion of Court.