Gray v Hurley

Subject Matter

CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Anti-suit injunction — Civil claim brought in non-member state against person domiciled in member state — Right of person domiciled in member state to be sued in courts of that member state — Whether right capable of being enforced by anti-suit injunction — Parliament and Council Regulation (EU) No 1215/2012, art 4(1)

[2019] EWHC 1972 (QB); [2019] 1 WLR 5333; [2019] WLR(D) 428, QBD

CONFLICT OF LAWS — Jurisdiction under European Regulation — Anti-suit injunction — Civil claim brought in non-member state against person domiciled in member state — Right of person domiciled in member state to be sued in courts of that member state — Whether right capable of being enforced by anti-suit injunction — Whether EU Regulation conferring directly enforceable right upon person domiciled in member state — Whether matter acte clair or reference for preliminary ruling to be made — Parliament and Council Regulation (EU) No 1215/2012, arts 4(1), 22(1)

[2019] EWCA Civ 2222; [2020] 1 FLR 864, CA

Commentary

39 Essex Chambers
Hurley-burley anti-suit injunctions and the "right to be sued" in your own domicile under art 4 of the Judgments Regulation Case comment

Off to Luxembourg again: Anti-Suit Injunctions and a “Right to be Sued” in your own domicile (Part Deux) Case comment