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Part IV Commencing and Preventing Proceedings, 14 Procedural Objections to Proceedings

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 May 2024

Abuse of process — Forum non conveniens
14.01 Defendants commonly object to the existence or exercise of jurisdiction. A claim or defence may be dismissed or stayed, however, on procedural grounds not concerned with jurisdictional connection. An English court may dismiss a claim by reason of abuse of process, or stay proceedings on case-management grounds. The practical significance of both possibilities has been greatly enhanced by the limits placed on an English court’s jurisdictional discretion, first by the decision of the Court of Justice in Owusu v Jackson,1 and subsequently by the constraints...
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