SAMENGO-TURNER V J & H MARSH & MCLENNAN (SERVICES) LIMITED

[2007] EWCA Civ 723, Court of Appeal, Tuckey, Longmore, Lloyd LJJ, 12 July 2007

Anti-suit injunctions – Employment contracts – Incentive schemes – Whether bonus agreement was a contract of employment or part of a contract of employment – Whether defendants were employers – Exclusive jurisdiction of English court mandated by statute – Application of Section 5 of Brussels Regulation – Anti-suit injunction defending the Brussels Regulation – Council Regulation (EC) 44/2001

The claimants were London-based employees of the first defendant, working for the second and third defendants. They had been the beneficiaries of an incentive scheme, the terms of which included discontinuation and return of funds in case of “detrimental activities” (including, as the claimants intended to do, taking up employment with a competitor) and a New York law and jurisdiction clause. The second and third defendants commenced litigation before a New York Court. The claimants turned to the English court requesting a world-wide anti-suit injunction, which was granted pursuant to Section 5, Council Regulation (EC) 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to restrain New York proceedings.