Hamilton-Smith & Anor v CMS Cameron McKenna LLP

Hamilton-Smith & Anor v CMS Cameron McKenna LLP

The exclusive jurisdiction clause in the CMS retainer, by its terms and the incorporated general terms, applies to all claims brought by the claimants against CMS, including those arising from their capacity as liquidators and in tort. The claimants have not demonstrated strong reasons to refuse the anti-suit injunction, as the inconvenience and risk of parallel proceedings are consequences of their contractual agreement. CMS's participation in Antiguan remuneration proceedings did not amount to submission to jurisdiction for the present dispute. Accordingly, an anti-suit injunction is granted to restrain the claimants from pursuing the Antiguan proceedings against CMS.

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 for Anti Suit Injunction
Outcome
Anti-suit injunction granted; proceedings stayed
Legal Topics
Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Professional Negligence, Conflict of Laws, Enforcement of Contractual Terms
Civil Procedure Contract Law Private International Law Anti Suit Injunctions Exclusive Jurisdiction Clauses Professional Negligence Conflict of Laws Enforcement of Contractual Terms

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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 for Anti Suit Injunction

Legal Issues

  1. 1 Whether the exclusive jurisdiction clause in the retainer applies to all claims brought by the claimants against CMS in Antigua
  2. 2 Whether the claimants have shown strong reasons for refusing the grant of an anti-suit injunction
  3. 3 Whether CMS submitted to Antiguan jurisdiction by participating in remuneration proceedings

Ratio Decidendi

The exclusive jurisdiction clause in the CMS retainer, by its terms and the incorporated general terms, applies to all claims brought by the claimants against CMS, including those arising from their capacity as liquidators and in tort. The claimants have not demonstrated strong reasons to refuse the anti-suit injunction, as the inconvenience and risk of parallel proceedings are consequences of their contractual agreement. CMS's participation in Antiguan remuneration proceedings did not amount to submission to jurisdiction for the present dispute. Accordingly, an anti-suit injunction is granted to restrain the claimants from pursuing the Antiguan proceedings against CMS.

Court Disposition

Anti-suit injunction granted; proceedings stayed

Orders

  • The claimants are restrained from continuing or pursuing proceedings against CMS in Antigua in breach of the exclusive jurisdiction clause.
  • The English proceedings are stayed pending further order, with the duration of the stay to be determined after hearing counsel.