Vol 17 (2020) - Issue 1

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A Battle of Jurisdiction: Paul Holgate v Addleshaw Goddard (Scotland) LLP

Synopsis

In July 2019, the High Court of Justice issued a decision in the matter of Paul Holgate v Addleshaw Goddard (Scotland) LLP [2019] EWHC 1793 (Ch) confirming the proceedings before the Court were to be dealt with before the English Courts and thereby rejecting: (1) the submissions of Addleshaw Goddard (Scotland) LLP (‘AG’) that the English Courts had no power under the Civil Jurisdiction and Judgements Act 1982 ('1982 Act') to determine the causes of action or equitable remedies advanced or claimed by Paul Holgate (‘Mr Holgate’); and (2) the request by AG for a stay on the grounds of forum non conveniens on the basis the Scottish courts would be a more appropriate or convenient forum for proceedings to be raised in.
The decision is a useful analysis of the legal principles governing jurisdiction and how jurisdiction should be determined, taking into account the application of both domestic UK law and EU regulations. In this article, we reflect on the analysis of the Court.