Robert Gagliardi v Evolution Capital Management LLC

Robert Gagliardi v Evolution Capital Management LLC

Mr Gagliardi has established to a high degree of probability that he is domiciled and habitually worked in England, is an employee of Evolution for the purposes of s.15C CJJA 1982, and is entitled to be sued only in England and Wales. The court has personal jurisdiction and, applying binding authority, an anti-suit injunction should ordinarily be granted to protect this statutory right. There are no strong reasons to refuse prohibitive relief.

Parties
Claimant: Robert Gagliardi; Defendant: Evolution Capital Management LLC
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Application for Anti Suit Injunction (asi) in Employment Dispute / Interlocutory Application; Determination of Interim Relief Prior to Full Hearing
Outcome
Prohibitive anti-suit injunction granted; mandatory relief refused; further directions to be heard on final order terms.
Legal Topics
Anti Suit Injunctions, Jurisdictional Disputes, Employee Protection Under Brussels Regulation, Domicile and Habitual Place of Work, Enforcement of Statutory Rights
Employment Law Private International Law Civil Procedure Anti Suit Injunctions Jurisdictional Disputes Employee Protection Under Brussels Regulation Domicile and Habitual Place of Work Enforcement of Statutory Rights

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Parties

Robert Gagliardi

Claimant

Evolution Capital Management LLC

Defendant

Procedural Posture

Application for Anti Suit Injunction (asi) in Employment Dispute / Interlocutory Application; Determination of Interim Relief Prior to Full Hearing

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 entitled to an anti-suit injunction to restrain Evolution from prosecuting New York proceedings
  3. 3 Whether Mr Gagliardi is domiciled and habitually working in England for the purposes of s.15C CJJA 1982

Ratio Decidendi

Mr Gagliardi has established to a high degree of probability that he is domiciled and habitually worked in England, is an employee of Evolution for the purposes of s.15C CJJA 1982, and is entitled to be sued only in England and Wales. The court has personal jurisdiction and, applying binding authority, an anti-suit injunction should ordinarily be granted to protect this statutory right. There are no strong reasons to refuse prohibitive relief.

Court Disposition

Prohibitive anti-suit injunction granted; mandatory relief refused; further directions to be heard on final order terms.

Orders

  • Evolution Capital Management LLC is restrained from further prosecuting or procuring the prosecution of the New York proceedings against Mr Gagliardi, save for specified exceptions.
  • 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.