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 this context; the exercise of discretion does not favour granting an injunction given legitimate connections to New Zealand and absence of unconscionable conduct; refusal to grant injunction does not breach Human Rights Act 1998.

Citation
[2019] EWHC 1972 (QB)
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, Substantive Hearing
Outcome
Application dismissed
Legal Topics
Anti Suit Injunctions, Jurisdiction Under Judgments Regulation, Forum Non Conveniens, Human Rights Act 1998
Civil Procedure Private International Law 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, Substantive Hearing

Legal Issues

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

Ratio Decidendi

Article 4(1) of the Judgments Regulation does not confer a right enforceable by anti-suit injunction in this context; the exercise of discretion does not favour granting an injunction given legitimate connections to New Zealand and absence of unconscionable conduct; refusal to grant injunction does not breach Human Rights Act 1998.

Court Disposition

Application dismissed

Orders

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