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.