The focus of this article is an examination of the recent and radical case of Ferrexpo, in which it was confirmed for the very first time that the English Court is entitled to apply certain provisions of the Brussels I Regulation "reflexively" in accordance with jurisprudence
of the European Court of Justice, so as to determine whether a case before it may be stayed in favour of the courts of a non-Member State. That case also affirmed that the English Court could have direct recourse to a stay on the basis of its “domestic” powers in relation to case
management and/or abuse of process. Perhaps most significantly, the Judge held that these orders were wholly consistent with the controversial decision of the ECJ in Owusu v Jackson. The article also considers how this sensible and pragmatic approach leaves the issue ripe for further
consideration by the ECJ.
Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.