The full text of this judgment is available free of charge on the BAILII website
Representation:
Graham Dunning QC and Claire Blanchard instructed by Elborne Mitchell for Mr Samengo Turner and the other Appellants/Claimants
Murray Rosen QC (of Herbert Smith) and Andrew Lenon QC (instructed by Herbert Smith) for J & H Marsh & McLennan (Services) Ltd, the Respondents/Defendants.
Where an employer in one country (in this case USA) has employees in another country which is subject to EU law (in this case UK law), jurisdiction in disputes over their contracts of employment is governed by Council Regulation 44/2001EC. This provides, with limited exceptions, that an employer may bring proceedings only in the courts of the Member State in which the employee is domiciled.
In this case the US employer tried to sue a number of its ex-employees for breach of a bonus agreement, through the New York courts. The employees were domiciled in Englans and employed in London by an English subsidiary company. The Court of Appeal granted an anti-suit injunction in their favour, preventing action against them in any jurisdiction other than in the English courts.
For relevant general notes go to European Law/applicable law
FINISH>
prepared Feb2008