Interfering with foreign court

Turner v Grovit and others (Case C-159/02) ECJ TLR 29 April

The claimant, a solicitor, was employed by the first defendant and his companies in the UK and Spain. The claimant commenced proceedings before an employment tribunal in London alleging unfair dismissal. In the meantime the defendants brought an action against the claimant in Madrid claiming damages for losses allegedly resulting from the claimant’s professional conduct. The Court of Appeal granted the claimant an injunction ordering the defendants not to continue the proceedings commenced in Spain and to refrain from commencing further proceedings in Spain or elsewhere against the claimant on the grounds that the proceedings in Spain had been brought in bad faith in order to vex the claimant in the pursuit of his application before the employment tribunal. On appeal to the House of Lords, the House asked the European Court to rule on whether such an injunction was consistent with the Brussels Convention.