B.A.T. Industries Plc v Windward Prospects Ltd and another

Conflict of laws – Jurisdiction. The Commercial Court dismissed the second defendant company's application to set aside permission for the claimant company to serve the claim on the second defendant outside of the jurisdiction. The claimant had been entitled to commence the proceedings in England and the prospect of the claimant having to bring substantially identical actions in two jurisdictions with the risk of inconsistent decisions decisively tipped the scales in favour of London being the appropriate forum for the claim against the second defendant.

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