A Dangerous Chimera: Anti-Suit Injunctions Based on a 'Right to Be Sued' at the Place of Domicile Under the Brussels Ia Regulation?

Abstract

This note examines the English Court of Appeal's decision in Gray v Hurley [2019] EWCA Civ 2222. It offers a pervasive critique of the untenable argument that the general rule of jurisdiction under the Brussels Ia Regulation gives rise to a substantive right to be sued only in England and that this right is capable of enforcement by an anti-suit injunction. It will be argued that the previous decisions of the Court of Appeal in Samengo-Turner v JH [2008] I.R.L.R. 237 and Petter v EMC Europe Ltd [2015] EWCA Civ 828; [2015] C.P. Rep. 47 were themselves wrongly decided.