Gray v Hurley

Gray v Hurley

The ratio of Samengo-Turner and Petter is confined to employment contracts under Article 22(1) and does not bind courts to grant anti-suit injunctions under Article 4(1); Article 4(1)'s effect and enforceability by anti-suit injunction is not acte clair and requires a preliminary ruling from the Court of Justice of the European Union.

Parties
Appellant: Mandy Gray; Respondent: Hamish Hurley
Jurisdiction
England and Wales
Judgment Date
12 December 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Anti Suit Injunction, Stayed Pending Reference to Court of Justice of the European Union
Outcome
Appeal stayed; reference to Court of Justice of the European Union for preliminary ruling.
Legal Topics
Anti Suit Injunctions, Jurisdiction Under Brussels Recast Regulation, Interpretation of Article 4(1) Regulation (eu) No 1215/2012, Exclusive Jurisdiction, Comity, Domicile, Employment Contracts (distinguished)
Private International Law Civil Procedure European Union Law Anti Suit Injunctions Jurisdiction Under Brussels Recast Regulation Interpretation of Article 4(1) Regulation (eu) No 1215/2012 Exclusive Jurisdiction Comity +2 more

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Parties

Mandy Gray

Appellant

Hamish Hurley

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Anti Suit Injunction, Stayed Pending Reference to Court of Justice of the European Union

Legal Issues

  1. 1 Does Article 4(1) of Regulation (EU) No 1215/2012 oblige the court to grant an anti-suit injunction to prevent litigation in a non-EU State?
  2. 2 Was the Judge wrong to treat Article 4(1) as irrelevant when deciding whether to grant the injunction?
  3. 3 Are previous Court of Appeal decisions on Article 22(1) binding in the context of Article 4(1)?

Ratio Decidendi

The ratio of Samengo-Turner and Petter is confined to employment contracts under Article 22(1) and does not bind courts to grant anti-suit injunctions under Article 4(1); Article 4(1)'s effect and enforceability by anti-suit injunction is not acte clair and requires a preliminary ruling from the Court of Justice of the European Union.

Court Disposition

Appeal stayed; reference to Court of Justice of the European Union for preliminary ruling.

Orders

  • Appeal proceedings stayed pending preliminary ruling from the Court of Justice of the European Union.
  • Questions referred to the Court of Justice regarding the interpretation and enforceability of Article 4(1) of Regulation (EU) No 1215/2012.