Ugljesa Grusic has excellent and prompt analysis of Hugh Hall Campbell KC against James Finlay (Kenya) Ltd [2023] ScotCS CSIH_39 here. I have background to the issues ia here and I reported on the now successfully appealed first instance judgment [2023] CSOH 45 here.
Dr Grusic first of all highlights the lack of engagement by the Court (as indeed at first instance level, too) with the impact of the employment section of the Civil Jurisdiction and Judgments Act 1982 on both the question of availability at all of choice of court in employment contracts to displace domicile jurisdiction, and of the overall availability of forum non conveniens in the same circumstances.
Next, unlike the first instance judge, the Inner House held that relevant Kenyan labour law protection (including compensation) does apply to the contracts at issue, [67] that the applicants have a working and affordable regime at their disposal in Kenya to try and obtain such compensation and [69] for the reason stayed the case at least until the Kenyan scheme will play its role (or not). [70] the court oddly adds that its stay is not one of forum non conveniens, which it says it is currently leaving undecided.
One assumes PTA with the UKSC will be sought for the points identified by Ugljesa are very much unresolved points of law.
Geert.
gavc law - geert van calster 