Conflict of laws

Stay of proceedings

The European Court of Justice has recently delivered its long-awaited decision in Owusu v Jackson (Case C-281/02), 1 March 2005, resolving a question first raised in England nearly 15 years ago, namely, whether the English courts have any power to stay their proceedings in favour of some more convenient alternative forum where the jurisdiction of the English court over the defendant is based upon his English domicile.This ruling has significant implications for the insurance and reinsurance markets.