Source: All England Reporter
Publisher Citation: [2015] All ER (D) 02 (Jun)
Neutral Citation: [2015] EWHC 1498 (QB)
Court: Queen's Bench Division

Mr Justice Cooke

Representation Paul Goulding QC and Andrew Scott (instructed by Allen & Overy LLP) for the claimant.
  Selwyn Bloch QC, Samuel Neaman and Katherine Apps (instructed by DAC Beachcroft LLP) for EMC Corporation.
Judgment Dates: 22 May 2015


Conflict of laws - Jurisdiction - Challenge to jurisdiction - Second defendant company challenging court's jurisdiction over claimant's claim against it - Claimant seeking interim anti-suit injunction against second defendant restraining Massachusetts proceedings - Whether second defendant being claimant's employer - Whether claimant's claim relating to contract of employment with second defendant - Whether claimant should be granted anti-suit injunction - European Parliament and , art 20, s 5.

The Case

Conflict of laws Jurisdiction. The second defendant challenged the court's jurisdiction over the claimant's claim against it and the claimant sought an interim anti-suit injunction against the second defendant restraining proceedings against him in Massachusetts. The Queen's Bench Division, in dismissing the applications, held that it had jurisdiction, as the second defendant could be seen as the claimant's employer under European Parliament and , although it would not be such as a matter of English law. Further, given an irreconcilable clash between the courts of the United Kingdom and Massachusetts as to jurisdiction, it would not be appropriate to grant the anti-suit injunction.

If you are a LexisLibrary subscriber you can read more about this case here.