Michael Wilson & Partners Ltd v Emmott [2018] EWCA Civ 51 (31 January 2018)

Michael Wilson & Partners Ltd v Emmott [2018] EWCA Civ 51 (31 January 2018)

Assigned claims in NSW2 do not fall within the scope of the arbitration clauses in the MWP Agreement or Co-operation Agreement; issue estoppel does not apply as assignors were not parties or privies; anti-suit injunction is justified only to restrain MWP from advancing claims lost in arbitration, matters contrary to adverse findings, or claims for fraud/conspiracy, but not Temujin partnership claims.

Citation
[2018] EWCA Civ 51
Parties
Appellant/defendant: Michael Wilson & Partners, Limited; Respondent/claimant: John Forster Emmott
Jurisdiction
England and Wales
Judgment Date
31 January 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Anti Suit Injunction, Arbitration Agreement, Issue Estoppel, Abuse of Process, Assignment of Claims
Civil Procedure Arbitration Injunctions Anti Suit Injunction Arbitration Agreement Issue Estoppel Abuse of Process Assignment of Claims

Case Brief

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Parties

Michael Wilson & Partners, Limited

Appellant/defendant

John Forster Emmott

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether assigned claims in NSW2 fall within the scope of arbitration clauses in the MWP Agreement or Co-operation Agreement
  2. 2 Whether issue estoppel or abuse of process precludes NSW2 claims
  3. 3 Whether anti-suit injunction should restrain MWP from pursuing NSW2 claims

Ratio Decidendi

Assigned claims in NSW2 do not fall within the scope of the arbitration clauses in the MWP Agreement or Co-operation Agreement; issue estoppel does not apply as assignors were not parties or privies; anti-suit injunction is justified only to restrain MWP from advancing claims lost in arbitration, matters contrary to adverse findings, or claims for fraud/conspiracy, but not Temujin partnership claims.

Court Disposition

Appeal allowed in part

Orders

  • Injunction granted restraining MWP from advancing in NSW2 claims lost in arbitration, matters contrary to adverse findings, or claims for fraud/conspiracy; injunction does not extend to Temujin partnership claims; Australian courts to decide abuse or unconscionability regarding Temujin partnership claims.