Benfield Holdings Ltd & Ors v Richardson & Ors

Benfield Holdings Ltd & Ors v Richardson & Ors

The application to set aside the injunction was dismissed because the English proceedings are the lead action, the trial is imminent, the witnesses will provide statements and oral evidence, and there is no demonstrated need or urgency for the depositions in New York. Allowing the depositions would be disruptive, forensically unfair, and oppressive to Aon, and would interfere with the due process of the English court.

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
Civil / Interlocutory Application to Set Aside Interim Injunction
Outcome
Application to set aside injunction dismissed; injunction to remain in force until further order.
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

Civil / Interlocutory 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 pending the English trial should be set aside
  2. 2 Whether seeking such depositions would be unconscionable, oppressive, or interfere with the due process of the English court

Ratio Decidendi

The application to set aside the injunction was dismissed because the English proceedings are the lead action, the trial is imminent, the witnesses will provide statements and oral evidence, and there is no demonstrated need or urgency for the depositions in New York. Allowing the depositions would be disruptive, forensically unfair, and oppressive to Aon, and would interfere with the due process of the English court.

Court Disposition

Application to set aside injunction dismissed; injunction to remain in force until further order.

Orders

  • The interim injunction restraining Benfield from deposing Mr Mahoney, Mr Sissons, Mr Fox, and Mr Reynolds in the New York proceedings is to continue in force.
  • Cross-undertakings given by Aon to remain in place.