Axis Corporate Capital UK Ltd & Ors v Absa Group Ltd & Ors [2021] EWHC 225 (Comm) (02 February 2021)

Axis Corporate Capital UK Ltd & Ors v Absa Group Ltd & Ors [2021] EWHC 225 (Comm) (02 February 2021)

The court found a high degree of probability that the reinsurance contracts contained exclusive jurisdiction agreements in favour of the courts of England and Wales. The South African proceedings were in breach of those agreements, and there were no strong reasons not to grant an interim anti-suit injunction. Even if the primary reinsurances did not contain exclusive jurisdiction clauses, the excess and aggregate retention reinsurances did, and England was the natural forum. The court also granted permission for service out of the jurisdiction and by alternative means due to urgency and procedural efficiency.

Citation
[2021] EWHC 225 (Comm)
Parties
Claimant: AXIS Corporate Capital UK II Limited & Ors; Defendant: ABSA Group Limited & Ors
Jurisdiction
England and Wales
Judgment Date
02 February 2021
Procedural Posture
Commercial Court Application / Interim Application for Anti Suit Injunction and Service Out/alternative Service
Outcome
Interim anti-suit injunction granted; permission for service out of jurisdiction and by alternative means granted.
Legal Topics
Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Service Out of Jurisdiction, Alternative Service, Reinsurance Contracts
Private International Law Insurance Law Civil Procedure Anti Suit Injunctions Exclusive Jurisdiction Clauses Service Out of Jurisdiction Alternative Service Reinsurance Contracts

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Parties

AXIS Corporate Capital UK II Limited & Ors

Claimant

ABSA Group Limited & Ors

Defendant

Procedural Posture

Commercial Court Application / Interim Application for Anti Suit Injunction and Service Out/alternative Service

Legal Issues

  1. 1 Whether the reinsurance contracts contain exclusive jurisdiction clauses in favour of the courts of England and Wales
  2. 2 Whether an interim anti-suit injunction should be granted to restrain South African proceedings
  3. 3 Whether permission to serve out of the jurisdiction and by alternative means should be granted

Ratio Decidendi

The court found a high degree of probability that the reinsurance contracts contained exclusive jurisdiction agreements in favour of the courts of England and Wales. The South African proceedings were in breach of those agreements, and there were no strong reasons not to grant an interim anti-suit injunction. Even if the primary reinsurances did not contain exclusive jurisdiction clauses, the excess and aggregate retention reinsurances did, and England was the natural forum. The court also granted permission for service out of the jurisdiction and by alternative means due to urgency and procedural efficiency.

Court Disposition

Interim anti-suit injunction granted; permission for service out of jurisdiction and by alternative means granted.

Orders

  • Interim anti-suit injunction restraining South African proceedings granted.
  • Permission to serve claim form and documents out of the jurisdiction (if required) granted.