Case number and/or case name
Travelers Casualty and Surety Company of Europe Limited and Others v Sun Life Assurance Company of Canada [2004] EWHC 1704 (Comm)
Summary
The first defendant, Sun Life UK, was required by the UK Financial Service Authority do review of its past business activities. In this context, they incurred significant costs and expenses. As a result, they were seeking recovery of their costs under an Insurance Policy issued by the claimants.
The claimants initiated proceedings in England, seeking a declaration that they were not liable to provide any such indemnity. The proceedings for a negative declaration were brought in England under Article 2 of Brussels I in so far as Sun Life UK was an English company, with its statutory seat and place of central administration in England. Service was deemed to have taken place on 15 March 2004.
On 24th March, Sun Life UK commenced proceedings in Ontario against the insurers who were suing in England. Also, Sun Life made an application for a stay of the English proceedings in favour of the proceedings in Canada.
Since Owusu v Jackson had not been decided yet by the CJEU, the English court was of the opinion that Brussels I did not preclude the use of the forum non conveniens test in a case involving a conflict of jurisdiction between the English court and the courts of a non-Member state.
Although the judge interpretation of Brussels I was wrong, the judge (after applying the forum non conveniens test) held that it was more appropriate for a trial to take place in England (rather than Canada).