Marsh Limited & Anor v Greensill Bank AG & Anor

Marsh Limited & Anor v Greensill Bank AG & Anor

Marsh breached its duty of full and frank disclosure by failing to inform the court of its use of Harman documents, but the breach was not deliberate and does not warrant discharge of the interim ASI. Marsh failed to show to a high degree of probability that GCUK had authority or GBAG ratified the GCUK Letters of...

Source-derived case information.

Parties
Claimant: Marsh Limited; Claimant: Marsh Pty Ltd; Defendant: Greensill Bank AG; Defendant: Michael Frege
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Commercial Court Application / Ruling on Continuation of Interim Anti Suit Injunction
Outcome
Interim anti-suit injunction continued on a limited basis
Legal Topics
Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Authority and Ratification, Full and Frank Disclosure, Comity, Breach of Harman Obligation
Contract Law Civil Procedure International Commercial Law Anti Suit Injunctions Exclusive Jurisdiction Clauses Authority and Ratification Full and Frank Disclosure Comity +1 more

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Summary, issues, holding and outcome

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Parties

Marsh Limited

Claimant

Marsh Pty Ltd

Claimant

Greensill Bank AG

Defendant

Michael Frege

Defendant

Procedural Posture

Commercial Court Application / Ruling on Continuation of Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether Marsh breached duty of full and frank disclosure in obtaining interim ASI
  2. 2 Whether GCUK had authority to bind GBAG to Letters of Engagement
  3. 3 Whether GBAG ratified the GCUK Letters of Engagement

Ratio Decidendi

Marsh breached its duty of full and frank disclosure by failing to inform the court of its use of Harman documents, but the breach was not deliberate and does not warrant discharge of the interim ASI. Marsh failed to show to a high degree of probability that GCUK had authority or GBAG ratified the GCUK Letters of Engagement; only the 2018 GBAG LOE binds GBAG. There are no strong reasons to refuse an interim ASI enforcing the exclusive jurisdiction clause in the 2018 GBAG LOE.

Court Disposition

Interim anti-suit injunction continued on a limited basis

Orders

  • GBAG restrained from initiating or bringing any claim against Marsh Limited in Australia in relation to the Engagement contained in the 2018 GBAG LOE and any non-contractual obligations arising out of or in connection with that Engagement.
  • Costs order to reflect Marsh's breach of full and frank disclosure, to be determined in consequential matters.