A Funny Thing Happened On The Way To The Forum

INTRODUCTION

1. The Jersey Court of Appeal (Leeds United Football Club Limited v Weston and Levi [2012] JCA 083) has confirmed the Royal Court's ruling ([2011] JRC 185) that there is a clear distinction between challenging the jurisdiction of the Jersey court and seeking a stay in favour of a more appropriate forum. Service of an answer or other participation by the defendant in the proceedings is not a bar to a stay. The rule requiring a challenge to jurisdiction to be made within 28 days does not apply to forum challenges.
2. While in most cases the forum challenge will naturally be made at the outset, there will be instances when a stay might justifiably be sought later in the proceedings; for example, a later change of circumstances. Leeds v Weston and Levi confirms that there can still be a forum challenge even when some steps have already been taken in the proceedings by the defendant seeking a stay. This is different from the position in relation to challenging