Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm) (29 June 2023)

Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm) (29 June 2023)

Mr Gagliardi is domiciled in England, habitually worked in London for Evolution, and is an employee for the purposes of s.15C CJJA 1982. He is entitled to be sued only in England and Wales, and the only effective way to protect this right is to grant an anti-suit injunction restraining Evolution from prosecuting the New York proceedings. There are no strong reasons to refuse the injunction.

Citation
[2023] EWHC 1608 (Comm)
Parties
Claimant: Robert Gagliardi; Defendant: Evolution Capital Management LLC
Jurisdiction
England and Wales
Judgment Date
29 June 2023
Procedural Posture
Application for Anti Suit Injunction (asi) in Employment Dispute / Interim Application Prior to Combined Hearing of ASI and Jurisdiction Challenge
Outcome
Prohibitory anti-suit injunction granted; mandatory injunction refused
Legal Topics
Anti Suit Injunctions, Jurisdictional Disputes, Employee Protection Under CJJA 1982, Domicile Determination, Enforcement of Statutory Rights, Comity and Foreign Proceedings
Employment Law Private International Law Civil Procedure Anti Suit Injunctions Jurisdictional Disputes Employee Protection Under CJJA 1982 Domicile Determination Enforcement of Statutory Rights +1 more

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Parties

Robert Gagliardi

Claimant

Evolution Capital Management LLC

Defendant

Procedural Posture

Application for Anti Suit Injunction (asi) in Employment Dispute / Interim Application Prior to Combined Hearing of ASI and Jurisdiction Challenge

Legal Issues

  1. 1 Whether the English court has personal jurisdiction over Evolution Capital Management LLC under s.15C(2)(b) CJJA 1982
  2. 2 Whether Mr Gagliardi is domiciled in England for the purposes of s.15C CJJA 1982
  3. 3 Whether Mr Gagliardi is an employee for the purposes of the Brussels Regulation regime

Ratio Decidendi

Mr Gagliardi is domiciled in England, habitually worked in London for Evolution, and is an employee for the purposes of s.15C CJJA 1982. He is entitled to be sued only in England and Wales, and the only effective way to protect this right is to grant an anti-suit injunction restraining Evolution from prosecuting the New York proceedings. There are no strong reasons to refuse the injunction.

Court Disposition

Prohibitory anti-suit injunction granted; mandatory injunction refused

Orders

  • Evolution is restrained from further prosecuting or procuring the prosecution of the New York proceedings prior to the combined hearing of the ASI and jurisdiction challenge.
  • Evolution is ordered to co-operate in a joint approach to the New York court to stay or extend the date for Mr Gagliardi to file his Answer.