A court has an inherent power to injunct a party not to institute or continue proceedings abroad, where they appear intended purely to harass another party in proceedings here. The two actions here were based upon the ‘same contractual relationship’ and concerned the ‘same subject matter’. This is not limited to cases of exclusive jurisdiction or under article 21 of the Convention.
Citations:
Times 16-Jun-1999, [1999] EWCA Civ 1532, [2000] 1 QB 345
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Turner v Grovit and Others ChD 15-Apr-1999
It is recognised to be improper for a court in one jurisdiction to declare that a foreign court does not have jurisdiction, when acting under its own rules and procedures, and in the absence of a contract clause specifying the jurisdiction. . .
Cited – Gubisch Maschinenfabrik KG v Giulio Palumbo ECJ 8-Dec-1987
The claimant in Germany sought to enforce a contract by claiming the price of a delivered machine; the claimant in Italy asked for a declaration that no contract had been entered into or, if it had, that it had been discharged by repudiatory conduct . .
Cited by:
Appeal from – Turner v Grovit and others HL 13-Dec-2001
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .
Appealed to – Turner v Grovit and Others ChD 15-Apr-1999
It is recognised to be improper for a court in one jurisdiction to declare that a foreign court does not have jurisdiction, when acting under its own rules and procedures, and in the absence of a contract clause specifying the jurisdiction. . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 12 April 2022; Ref: scu.146447