What is the legal test for a stay of execution under the English application of the forum non conveniens analysis?

British Columbia, Canada


The following excerpt is from Garcia v. Tahoe Resources Inc., 2017 BCCA 39 (CanLII):

In England, a defendant must establish that its proposed alternate forum is more appropriate; if this burden is met, then a stay will ordinarily be granted unless the plaintiff can establish other circumstances which make the granting of a stay adverse to the interests of justice: Spiliada Maritime Corp v. Cansulex Ltd (1986), [1987] A.C. 460 at 478. One such circumstance is the real risk that the plaintiff will not obtain justice in the alternate forum: AK Investment at 1828. Consequently, in the English application of the forum non conveniens analysis, consideration of corruption and injustice in the alternate forum comes at a secondary stage with a reverse onus on the plaintiff to show that granting a stay would be adverse to the interests of justice.

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