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Law Case Analysis - Essay Example

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Law Case Analysis Name Instructor Course Date The hearing of the dispute can be done by a Supreme Court where in the UK may be the House of Commons. The dispute can be taken into consideration using the principle of forum non conveniens which implies that the court has a forum that is in practice, and the jurisdiction of the forum is competent…
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Law Case Analysis
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Download file to see previous pages The House of Commons can implement the judgement at its level. Considering the case of Spiliada Maritime V. Cansulex, the house of commons did not fully give a satisfaction to the defendant thus the defendant went ahead and made an appeal given by Lord Goff where He made a ruling that, there was enough natural form including applicable law relating to the matter, availability of witnesses, presence of the residence of the two parties and that the plaintiff had a possibility of obtaining foreign jurisdiction. Thus, there was making of a judgement by the Supreme Court. In this case, there is a judgement considering that there is no other jurisdiction that suits the requirements of the parties. The procedure the court follows includes; granting the basic principle when there is enough satisfaction by the court that there is another forum that can settle the dispute forum of the parties thus applying more suitably to the satisfaction of the parties. The court then determines the legal burden of proof which shows enough evidence. The Supreme Court then determines who lies with the burden depending on the existence of a natural or a forum which is appropriate. After this, the court finds the factors that show there is the existence of another forum which entails the presence of enough witnesses as well as the law that will be under administration in settling the dispute. At this moment, the court will get to a conclusion as to whether another forum is available. If there is another forum, the court then grants a stay considering the circumstances surrounding the dispute as seen in the ruling of Lord Goff1. Factors that the court takes into consideration and illustrative cases In relation to the forum non conveniens, its appropriateness is brought to question and also the applicability of the principle of forum non conveniens. This relates to cost, the outcome as well as the delays in the implementation of the principle. The principle finds its application in international law especially in the private section. Its long process of implementation makes the principle to be in use in the domestic system, which involves cases where the judicial structure does not have a structure that has unification and where the judicial system is federal. The uncertainty of the outcome is due to the expansions in the level of jurisdiction in the legislation where plaintiffs can file a suit at their residential places. According to the code of civil procedure, there should be the filling of suits in the residential place of the defendant rather than that of the plaintiff. There are many details in this system due to the fact that the defendant will not accept the filling of the suit to take place at the residence of the plaintiff; this is because it may be taken as a weapon of harassment forcing the defendant to go to the residence of the plaintiff which may be far. Further, many past judgements have taken effect thus the court may have a challenge in deciding which is the best channel to solve the dispute amicably thus leading to delays. There are enormous costs from the implementation of this principle where, the defendant and the plaintiff may face off due to the fact that they have the right for the cases to be heard at the place due to the cost as well as moving there witnesses to the residence ...Download file to see next pagesRead More
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