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Lloyd's Maritime and Commercial Law Quarterly

A CHARTER FOR TACTICAL LITIGATION IN EUROPE?

Turner v. Grovit
The English courts’ practice of granting anti-suit injunctions to restrain proceedings in EU Member States has been firmly suppressed by the European Court of Justice (“ECJ”) in Turner v. Grovit .1 The decision comes as no surprise: the compatibility of that practice with the Brussels Convention2 and its successor Regulation3 has been questioned for some time.4 Nevertheless, its potential implications, both legal and practical, merit closer examination.5
Mr Turner was a solicitor employed by a group of companies controlled by Mr Grovit. In 1997, he moved from the United Kingdom to Spain, while remaining in the employment of a UK based entity. Subsequently, Harada Ltd, a group company incorporated in the Republic of Ireland but with its principal place of business in the United Kingdom, became his employer. In 1998, Mr Turner resigned his position and returned to London. He brought proceedings against Harada before an Employment Tribunal there in March 1998 alleging wrongful dismissal. The Tribunal dismissed Harada’s objection to its jurisdiction and eventually awarded damages to Mr Turner. Meanwhile, in September 1998, Changepoint SA, a Spanish member of Mr Grovit’s group of companies, commenced proceedings against Mr Turner before the court of first instance in Madrid, alleging that Mr Turner had been employed by it (not Harada) and had broken his contract of employment. The amount claimed (equivalent to some £340,000) was far in excess of the amount claimed by, and awarded to, Mr Turner in England.

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