Lloyd's Law Reporter
BAT INDUSTRIES PLC V WINDWARD PROSPECTS LTD AND ANOTHER
[2013] EWHC 4087 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Field, 20 December 2013
Conflicts of law - Proper forum - Application to set aside permission to serve out - Estoppel
The claimant (BAT) and first defendant (Windward) were
companies domiciled in England. The claim concerned liabilities under several
agreements on liabilities in relation to the pollution of two rivers in
Wisconsin and Michigan, and a subsequent settlement agreement and arbitration
award. The claimant had been granted permission to serve the claim on the
second defendant (API) in Wisconsin. That decision was challenged on the ground
that England was not the proper forum and that therefore the English court
should not exercise jurisdiction over the claim.