Procedure

In respect of establishing appropriate forum, a claimant had the burden of showing that England was the appropriate forum. Ordinarily, the claimant had to show that England was the natural forum, namely that with which the action had the most real and substantial connection. In determining whether England was the natural forum, the court took account of a wide variety of factors, not only factors concerning convenience and expense (such as the availability of witnesses), but also factors such as the law governing the relevant transaction and the places where the parties resided and respectively carried on business. The court would also have regard to the overall shape of the dispute, and in particular whether part of it would proceed in England in any event.