Forum non conveniens and access to remedy in UK courts post-Brexit

Event Details

Since Brexit, the Brussels I Recast Regulation no longer applies to UK courts. The Regulation overcomes the forum non conveniens doctrine by establishing the jurisdiction of the courts where the corporate defendant is domiciled. In April 2020, the UK applied to accede to the Lugano Convention, which contains a similar provision.

Civil society has issued a call that the UK should be allowed to accede to the Lugano Convention. The fear is that in cases where UK companies were involved with human rights harms outside of the UK, a return to the forum non conveniens doctrine will allow UK companies to avoid liability in UK courts.

Speakers will consider the application of the forum non conveniens doctrine and the implications of the Lugano Convention in this context. In some hosts states, courts do not have jurisdiction over foreign defendants such as UK companies, even if the harms took place within those states, unless certain pre-conditions like attachment orders are in place. The discussion will also consider whether this would have implications for the company's onus or ability to rely on the forum non conveniens principle in the UK court.

Speakers:

• Ekaterina Aristova, Bonavero Institute of Human Rights
• Daniel Leader, Leigh Day
• Eva Lein, British Institute of International and Comparative Law and University of Lausanne

This event is convened by Lise Smit, Senior Research Fellow in Business and Human Rights and Director, Human Rights Due Diligence Forum and Dr Irene Pietropaoli, Research Leader in Business & Human Rights, BIICL.
 

Pricing and Registration

This is a a closed meeting, open only to members of the Human Rights Due Diligence Forum (HRDD). HRDD Forum members wishing to attend can register by emailing the Events team.