Axis Corporate Capital UK Ltd & Ors v Absa Group Ltd & Ors

Axis Corporate Capital UK Ltd & Ors v Absa Group Ltd & Ors

The court found a high degree of probability that binding and applicable exclusive jurisdiction agreements exist in favour of the courts of England and Wales in the reinsurance contracts. The South African proceedings are in breach of these agreements, and no strong reasons were advanced to deny the injunction. Even if exclusive jurisdiction is not established for all contracts, England is the natural forum, and the South African proceedings are vexatious, oppressive, and unconscionable. The court granted the interim anti-suit injunction, permission to serve out of jurisdiction (if required), and permission for alternative service.

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
Application / Interim Ex Parte Application
Outcome
interim anti-suit injunction granted; permission to serve out of jurisdiction and by alternative means granted
Legal Topics
Anti Suit Injunction, Exclusive Jurisdiction Clauses, Service Out of Jurisdiction, Alternative Service, Reinsurance Contracts
Commercial Law Insurance Law Civil Procedure Anti Suit Injunction 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

Application / Interim Ex Parte Application

Legal Issues

  1. 1 Whether an interim anti-suit injunction should be granted to restrain South African proceedings in breach of exclusive jurisdiction agreements
  2. 2 Whether permission to serve out of jurisdiction and by alternative means should be granted

Ratio Decidendi

The court found a high degree of probability that binding and applicable exclusive jurisdiction agreements exist in favour of the courts of England and Wales in the reinsurance contracts. The South African proceedings are in breach of these agreements, and no strong reasons were advanced to deny the injunction. Even if exclusive jurisdiction is not established for all contracts, England is the natural forum, and the South African proceedings are vexatious, oppressive, and unconscionable. The court granted the interim anti-suit injunction, permission to serve out of jurisdiction (if required), and permission for alternative service.

Court Disposition

interim anti-suit injunction granted; permission to serve 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 jurisdiction (if required) granted