Source: All England Reporter
Publisher Citation: [2015] All ER (D) 313 (Jul)
Neutral Citation: [2015] EWCA Civ 828
Court: Court of Appeal, Civil Division

Lord Justice Moore-Bick VP, Lord Justice Vos and Lord Justice Sales

Representation Paul Golding QC and Andrew Scott (instructed by Allen & Ovary LLP) for P.
  Selwyn Bloch QC and Sam Neaman (instructed by DAC Beachcroft LLP) for EMC.
Judgment Dates: 27 July 2015


Conflict of laws - Foreign proceedings - Restraint of foreign proceedings - Claimant being employed by English company (EMC Europe) having parent company in Massachusetts (EMC) - Claimant leaving employment - Claimant and EMC starting proceedings in England and Massachusetts respectively - EMC unsuccessfully challenging jurisdiction of English court on basis of exclusive jurisdiction agreement - Claimant failing to obtain anti-suit injunction in respect of Massachusetts proceedings - Whether exclusive jurisdiction clause binding - Whether judge erring in not granting anti-suit injunction - , arts 21, 22, 23(1) and 25(4).

The Case

Conflict of laws Foreign proceedings. The Court of Appeal, Civil Division, held that English court had jurisdiction pursuant to section5 of to determine a dispute arising out of the claimant's employment with an English company whose parent company was a Massachusetts company, in circumstances where the claimant's contract of employment contained an express choice of Massachusetts law and an exclusive jurisdiction agreement in favour of the courts of Massachusetts. The court allowed the claimant's appeal against an order dismissing his application for an anti-suit injunction on the basis that it was bound by the decision in Samengo-Turner v J & H Marsh & McLennan (Services) Ltd .

Practice Areas

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