Alta Trading UK Ltd v Bosworth

Alta Trading UK Ltd v Bosworth

The defendants had a more than negligible ability to influence the Arcadia Claimants and were not in a relationship of subordination; therefore, the claims do not relate to individual contracts of employment under Article 18(1) of the Lugano Convention, and the English court has jurisdiction.

Source-derived case information.

Parties
Claimant: Alta Trading UK Ltd; Claimant: Arcadia Energy (Suisse) SA; Claimant: Arcadia Energy Pte Ltd; Claimant: Farahead Holdings Ltd; Defendant: Peter Miles Bosworth; Defendant: Colin Hurley; Defendant: Stephen Clive Langford Gibbons; Defendant: Mark Richard Lance; Defendant: Steven Kelbrick; Defendant: Salem Mounzer; Defendant: Arcadia Petroleum SAL Offshore; Defendant: Arcadia Petroleum Ltd, Mauritius; Defendant: Attock Oil International Ltd, Mauritius; Defendant: The Cornhill Group Ltd
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction, Contracts of Employment, Relationship of Subordination, Lugano Convention, Fiduciary Duties, Conspiracy to Defraud
Civil Procedure Employment Law Commercial Law Jurisdiction Contracts of Employment Relationship of Subordination Lugano Convention Fiduciary Duties +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alta Trading UK Ltd

Claimant

Arcadia Energy (Suisse) SA

Claimant

Arcadia Energy Pte Ltd

Claimant

Farahead Holdings Ltd

Claimant

Peter Miles Bosworth

Defendant

Colin Hurley

Defendant

Stephen Clive Langford Gibbons

Defendant

Mark Richard Lance

Defendant

Steven Kelbrick

Defendant

Salem Mounzer

Defendant

Arcadia Petroleum SAL Offshore

Defendant

Arcadia Petroleum Ltd, Mauritius

Defendant

Attock Oil International Ltd, Mauritius

Defendant

The Cornhill Group Ltd

Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction over claims against the defendants under the Lugano Convention
  2. 2 Whether the defendants were in a relationship of subordination to their employing companies for purposes of Article 18(1) Lugano Convention

Ratio Decidendi

The defendants had a more than negligible ability to influence the Arcadia Claimants and were not in a relationship of subordination; therefore, the claims do not relate to individual contracts of employment under Article 18(1) of the Lugano Convention, and the English court has jurisdiction.

Court Disposition

appeal dismissed

Orders

  • The defendants' jurisdiction challenge is dismissed.
  • The litigation should proceed to its substantive phase.