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Berisford (S. & W.) Plc. -v- New Hampshire Insurance Co.

27th Nov 1989

[1990] 2 Q.B. 631

Jonathan Gaisman – Practice – stay of proceedings – Jurisdiction under European Convention – Contract made in England between American insurer and English company for benefit of American subsidiary – Contract containing English jurisdiction clause – Proceedings commenced in England – Effective parties domiciled in United States – Application for stay on grounds of forum non conveniens – Whether jurisdiction clause imposing obligation to sue in English courts – Whether jurisdiction convention of European Communities applicable – Whether power under convention to stay proceedings – Civil Jurisdiction and Judgments Act 1982 (c. 27), s. 49, Sch. 1, arts. 2, 81

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