Masri v Consolidated Contractors International Company Sal & Anor [2008] EWCA Civ 625 (06 June 2008)

Masri v Consolidated Contractors International Company Sal & Anor [2008] EWCA Civ 625 (06 June 2008)

Where the English court has jurisdiction over the substance of a dispute and the parties have submitted to that jurisdiction, it has power to grant ancillary orders, including post-judgment anti-suit injunctions, to protect the integrity of its judgments and prevent vexatious or oppressive re-litigation abroad. Such injunctions are not separate claims requiring independent jurisdictional bases, and the submission to jurisdiction in the main proceedings extends to such ancillary relief.

Citation
[2008] EWCA Civ 625
Parties
Claimant/respondent: Munib Masri; Defendant/appellant: Consolidated Contractors International Company SAL; Defendant/appellant: Consolidated Contractors (Oil & Gas) Company SAL
Jurisdiction
England and Wales
Judgment Date
06 June 2008
Procedural Posture
Appeal From High Court (commercial Court) – Application for Anti Suit Injunction Post Judgment / Court of Appeal (civil Division) – Judgment
Outcome
Appeal dismissed
Legal Topics
Anti Suit Injunctions, Jurisdiction, Enforcement of Judgments, Ancillary Orders, Brussels I Regulation
Private International Law Civil Procedure Commercial Law Anti Suit Injunctions Jurisdiction Enforcement of Judgments Ancillary Orders Brussels I Regulation

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Parties

Munib Masri

Claimant/respondent

Consolidated Contractors International Company SAL

Defendant/appellant

Consolidated Contractors (Oil & Gas) Company SAL

Defendant/appellant

Procedural Posture

Appeal From High Court (commercial Court) – Application for Anti Suit Injunction Post Judgment / Court of Appeal (civil Division) – Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant a post-judgment anti-suit injunction against foreign judgment debtors, including one domiciled in a Brussels I Regulation State, restraining them from pursuing foreign proceedings to re-litigate matters decided by the English court.
  2. 2 Whether the anti-suit injunction is a separate claim requiring its own jurisdictional basis or is ancillary to the main proceedings.
  3. 3 Whether the submission to jurisdiction in the main proceedings extends to ancillary relief such as anti-suit injunctions.

Ratio Decidendi

Where the English court has jurisdiction over the substance of a dispute and the parties have submitted to that jurisdiction, it has power to grant ancillary orders, including post-judgment anti-suit injunctions, to protect the integrity of its judgments and prevent vexatious or oppressive re-litigation abroad. Such injunctions are not separate claims requiring independent jurisdictional bases, and the submission to jurisdiction in the main proceedings extends to such ancillary relief.

Court Disposition

Appeal dismissed

Orders

  • The anti-suit injunction granted by the High Court is upheld, restraining the judgment debtors from commencing or continuing proceedings abroad (outside the EU and Lugano Convention States) relating to matters already determined by the English court.
  • The judgment debtors are required to discontinue any such foreign proceedings, including those in Yemen.