Alta Trading UK Ltd & Ors v Bosworth & Ors

Alta Trading UK Ltd & Ors v Bosworth & Ors

The defendants had a non-negligible ability to influence the Arcadia companies and were not in a relationship of subordination; therefore, the claims do not fall within 'individual contract of employment' under Article 18(1) Lugano II Convention and the English court has jurisdiction.

Parties
Claimant: ALTA Trading UK Limited; Claimant: Arcadia Energy (Suisse) SA; Claimant: Arcadia Energy Pte. Ltd; Claimant: Farahead Holdings Limited; Defendant: Peter Miles Bosworth; Defendant: Colin Hurley; Defendant: Stephen Clive Langford Gibbons; Defendant: Mark Richard Lance; Defendant: Steven Kelbrick; Defendant: Salem Chucri Mounzer; Defendant: Arcadia Petroleum SAL Offshore; Defendant: Arcadia Petroleum Limited, Mauritius; Defendant: Attock Oil International Limited, Mauritius; Defendant: The Cornhill Group Limited
Jurisdiction
England and Wales
Judgment Date
19 October 2020
Procedural Posture
Commercial / Interlocutory Jurisdictional Challenge
Outcome
Defendants' jurisdictional challenge dismissed.
Legal Topics
Jurisdiction, Relationship of Subordination, Definition of Employee Under Lugano II Convention, Company Director Liability
Private International Law Company Law Employment Law Jurisdiction Relationship of Subordination Definition of Employee Under Lugano II Convention Company Director Liability

Case Brief

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Parties

ALTA Trading UK Limited

Claimant

Arcadia Energy (Suisse) SA

Claimant

Arcadia Energy Pte. Ltd

Claimant

Farahead Holdings Limited

Claimant

Peter Miles Bosworth

Defendant

Colin Hurley

Defendant

Stephen Clive Langford Gibbons

Defendant

Mark Richard Lance

Defendant

Steven Kelbrick

Defendant

Salem Chucri Mounzer

Defendant

Arcadia Petroleum SAL Offshore

Defendant

Arcadia Petroleum Limited, Mauritius

Defendant

Attock Oil International Limited, Mauritius

Defendant

The Cornhill Group Limited

Defendant

Procedural Posture

Commercial / Interlocutory Jurisdictional Challenge

Legal Issues

  1. 1 Whether the defendants were in a relationship of subordination to the claimant companies for purposes of Article 18(1) Lugano II Convention
  2. 2 Whether the claims fall within 'individual contract of employment' for jurisdictional allocation

Ratio Decidendi

The defendants had a non-negligible ability to influence the Arcadia companies and were not in a relationship of subordination; therefore, the claims do not fall within 'individual contract of employment' under Article 18(1) Lugano II Convention and the English court has jurisdiction.

Court Disposition

Defendants' jurisdictional challenge dismissed.

Orders

  • English Commercial Court retains jurisdiction over claims against defendants.
  • Proceedings to continue against all defendants.