BOOTH v. PHILLIPS AND OTHERS

[2004] 2 Lloyd's Rep. 457

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Nigel Teare, Q.C. Deputy Judge

Practice - Service out of jurisdiction - Forum non conveniens - Chief engineer died in accident on vessel - Widow bringing claim in own right under Fatal Accidents Act and as executrix of husband’s estate claiming damages in tort against master, owners and managers of vessel - Master resident within jurisdiction - Owners and managers applying to set aside order for service on them out of jurisdiction - Whether grounds for service out of jurisdiction on owners and managers - Meaning of “damage” in CPR 6.20(8)(a) - Whether Jordan more appropriate forum - Whether action should be stayed.