Gray v Hurley [2019] EWHC 1972 (QB) (23 July 2019)

Gray v Hurley [2019] EWHC 1972 (QB) (23 July 2019)

Article 4(1) of the Judgments Regulation does not confer a right enforceable by anti-suit injunction in the circumstances of this case; the court, in its discretion, declines to grant an injunction as the connections to New Zealand are not immaterial, the foreign proceedings are not vexatious or oppressive, and comity weighs against intervention.

Citation
[2019] EWHC 1972
Parties
Claimant: Mandy C Gray; Defendant: Hamish George Hurley
Jurisdiction
England and Wales
Judgment Date
23 July 2019
Procedural Posture
Application for Anti Suit Injunction / Post Jurisdiction Judgment, Application for Interim Relief
Outcome
Application dismissed
Legal Topics
Anti Suit Injunctions, Jurisdiction Under Judgments Regulation, Forum Non Conveniens, Human Rights Act 1998
Private International Law Civil Procedure Anti Suit Injunctions Jurisdiction Under Judgments Regulation Forum Non Conveniens Human Rights Act 1998

Case Brief

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Parties

Mandy C Gray

Claimant

Hamish George Hurley

Defendant

Procedural Posture

Application for Anti Suit Injunction / Post Jurisdiction Judgment, Application for Interim Relief

Legal Issues

  1. 1 Whether Article 4(1) of the Judgments Regulation confers a right enforceable by anti-suit injunction
  2. 2 Whether the court should exercise discretion to grant an anti-suit injunction
  3. 3 Whether refusal to grant injunction would breach Human Rights Act 1998

Ratio Decidendi

Article 4(1) of the Judgments Regulation does not confer a right enforceable by anti-suit injunction in the circumstances of this case; the court, in its discretion, declines to grant an injunction as the connections to New Zealand are not immaterial, the foreign proceedings are not vexatious or oppressive, and comity weighs against intervention.

Court Disposition

Application dismissed

Orders

  • Ms Gray's application for an anti-suit injunction is dismissed.