Kemsley v Barclays Bank Plc & Ors

Kemsley v Barclays Bank Plc & Ors

The English court will not grant an anti-suit injunction to restrain Barclays from pursuing US proceedings because either the US court will recognise the English bankruptcy as main proceedings (in which case a stay will be automatic and an injunction unnecessary), or the applicant's centre of main interests is in...

Source-derived case information.

Parties
Applicant: Paul Zeital Kemsley; 1st Respondent: Barclays Bank PLC; 2nd Respondent: Mark Fry; 3rd Respondent: Kirstie Jane Provan
Jurisdiction
England and Wales
Judgment Date
15 May 2013
Procedural Posture
Bankruptcy Application / Application for Anti Suit Injunction; Judgment
Outcome
Application dismissed
Legal Topics
Bankruptcy, Anti Suit Injunctions, Cross Border Insolvency, Recognition of Foreign Proceedings
Insolvency Conflict of Laws Bankruptcy Anti Suit Injunctions Cross Border Insolvency Recognition of Foreign Proceedings

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Parties

Paul Zeital Kemsley

Applicant

Barclays Bank PLC

1st Respondent

Mark Fry

2nd Respondent

Kirstie Jane Provan

3rd Respondent

Procedural Posture

Bankruptcy Application / Application for Anti Suit Injunction; Judgment

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction restraining Barclays from pursuing proceedings in the United States against the bankrupt applicant
  2. 2 Whether the pursuit of US proceedings by Barclays undermines the British bankruptcy regime and the applicant's discharge from bankruptcy

Ratio Decidendi

The English court will not grant an anti-suit injunction to restrain Barclays from pursuing US proceedings because either the US court will recognise the English bankruptcy as main proceedings (in which case a stay will be automatic and an injunction unnecessary), or the applicant's centre of main interests is in the US (in which case it is for the US court to determine the effect of the English bankruptcy and discharge). There is no evidence of oppressive or improper conduct by Barclays, and comity requires non-intervention.

Court Disposition

Application dismissed