header-logo header-logo

13 December 2013
Issue: 7588 / Categories: Case law , Law digest , In Court
printer mail-detail

Anti-suit injunction

Insurance Company of the State of Pennsylvania v Equitas Insurance Ltd [2013] EWHC 3713 (Comm), [2013] All ER (D) 18 (Dec)

The claimant brought an action in England claiming to be indemnified by the defendant, pursuant to three contracts of reinsurance. After several months of negotiations in respect of the English claims, it launched a claim in New York, allegedly without informing the defendant. The defendant, having become aware of the New York claim, applied for an anti-suit injunction. The claimant applied for a stay of the English proceedings pending the US court’s determination of Equitas Insurance Ltd’s motions for a stay. The court ruled that it was settled law that the English court should favour its own conflict of law rules and, under those rules, it was overwhelmingly likely that English law governed the formation and meaning and effect of the reinsurance contracts. It was settled law that where a claimant had brought a claim against the same defendants for essentially the same relief arising out of the same facts in two jurisdictions, then, absent special

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll