Hamilton-Smith & Anor v CMS Cameron McKenna LLP [2016] EWHC 1115 (Ch) (12 May 2016)

Hamilton-Smith & Anor v CMS Cameron McKenna LLP [2016] EWHC 1115 (Ch) (12 May 2016)

The exclusive jurisdiction clause in the CMS retainer, as incorporated by the General Terms, applies to all claims brought by the claimants in Antigua, including those arising from their capacity as liquidators, and there are no strong reasons to refuse an anti-suit injunction; the claimants are bound by their contractual agreement to litigate only in England.

Citation
[2016] EWHC 1115 (Ch)
Parties
Claimant: Nigel John Hamilton-Smith; Claimant: Peter Nicholas Wastell; Defendant: CMS Cameron McKenna LLP
Jurisdiction
England and Wales
Judgment Date
12 May 2016
Procedural Posture
Application for Anti Suit Injunction / Judgment on Application
Outcome
Anti-suit injunction granted
Legal Topics
Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Professional Negligence, Conflict of Laws
Civil Procedure Contract Law Private International Law Anti Suit Injunctions Exclusive Jurisdiction Clauses Professional Negligence Conflict of Laws

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Parties

Nigel John Hamilton-Smith

Claimant

Peter Nicholas Wastell

Claimant

CMS Cameron McKenna LLP

Defendant

Procedural Posture

Application for Anti Suit Injunction / Judgment on Application

Legal Issues

  1. 1 Whether the exclusive jurisdiction clause in the CMS retainer applies to all claims brought by the claimants in Antigua
  2. 2 Whether there are strong reasons to refuse an anti-suit injunction despite breach of the exclusive jurisdiction clause

Ratio Decidendi

The exclusive jurisdiction clause in the CMS retainer, as incorporated by the General Terms, applies to all claims brought by the claimants in Antigua, including those arising from their capacity as liquidators, and there are no strong reasons to refuse an anti-suit injunction; the claimants are bound by their contractual agreement to litigate only in England.

Court Disposition

Anti-suit injunction granted

Orders

  • The claimants are restrained from continuing or pursuing professional negligence proceedings against CMS in Antigua.