Forum Shopping

In News:  Chief Justice of India (CJI) reprimands the practice of ‘forum shopping’ by lawyers

About Forum Shopping:

• Forum shopping refers to the practice of litigants or lawyers deliberately choosing a specific judge or court for their case in the hope of obtaining a more favourable outcome.
• It involves strategically selecting a court or judge based on factors like expertise, perceived biases, or the likelihood of a desired judgment.
• Forum shopping is considered a disreputable practice that undermines the integrity of the judicial system.
• It can lead to unequal treatment, overburdening of certain courts, and interference with the fair administration of justice.
• Judges may impose costs or penalties on litigants engaged in forum shopping to discourage such behavior and promote fairness.
• Bench hunting is a related practice where litigants seek to have their case heard by a specific judge or court known for favourable rulings.
• The use of a functional test by courts helps determine if a litigant is engaged in forum shopping by assessing the functional similarity between different courts' proceedings.
• In fact, some jurisdictions use the "forum non-conveniens" principle to prevent forum shopping, allowing courts to decline jurisdiction and transfer cases to more appropriate forums.
• Time and again, the Supreme Court and other courts have consistently condemned forum shopping and emphasized that it has no legal sanction or paramountcy.

https://indianexpress.com/article/explained/explained-law/cji-chandrachud-forum-shopping-sc-8624879/