Benfield Holdings Ltd & Ors v Richardson & Ors [2007] EWHC 171 (QB) (21 February 2007)

Benfield Holdings Ltd & Ors v Richardson & Ors [2007] EWHC 171 (QB) (21 February 2007)

The injunction should not be set aside because seeking depositions from Aon witnesses in New York before the English trial would be disruptive, procedurally and forensically unfair, and oppressive, given that the English proceedings are the lead action, the witnesses will give evidence at the English trial, and there is no demonstrated urgency or legitimate need for the depositions.

Citation
[2007] EWHC 171 (QB)
Parties
Claimant: Benfield Holdings Limited; Claimant: Benfield Group Limited; Claimant: Benfield Limited; Defendant: Elliot Richardson; Defendant: Aon Limited; Defendant: Aon Corporation
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Interim Application in Civil Proceedings / Application to Set Aside Interim Injunction
Outcome
Application to set aside injunction dismissed
Legal Topics
Anti Suit Injunctions, Depositions, Jurisdiction, Breach of Contract, Fiduciary Duty, Conspiracy, Interim Relief
Civil Procedure Conflict of Laws Employment Law Anti Suit Injunctions Depositions Jurisdiction Breach of Contract Fiduciary Duty +2 more

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Parties

Benfield Holdings Limited

Claimant

Benfield Group Limited

Claimant

Benfield Limited

Claimant

Elliot Richardson

Defendant

Aon Limited

Defendant

Aon Corporation

Defendant

Procedural Posture

Interim Application in Civil Proceedings / Application to Set Aside Interim Injunction

Legal Issues

  1. 1 Whether the interim injunction restraining Benfield from deposing certain Aon witnesses in New York proceedings should be set aside
  2. 2 Whether seeking such depositions would be unconscionable, vexatious, or oppressive in the context of parallel English proceedings

Ratio Decidendi

The injunction should not be set aside because seeking depositions from Aon witnesses in New York before the English trial would be disruptive, procedurally and forensically unfair, and oppressive, given that the English proceedings are the lead action, the witnesses will give evidence at the English trial, and there is no demonstrated urgency or legitimate need for the depositions.

Court Disposition

Application to set aside injunction dismissed

Orders

  • Interim injunction restraining Benfield from deposing the four Aon witnesses in New York proceedings to continue in force until further order
  • Cross-undertakings by Aon to remain in place