Advanced Portfolio Technologies Inc. v Ainsworth [ChD]
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Judge | Harman J. |
| Judgment Date | 27 October 1995 |
| Date | 27 October 1995 |
Chancery Division
Before Mr Justice Harman
Practice - stay - actions abroad and in England - preventing injustice to defendant
Where a plaintiff abandoned a claim against a defendant in another jurisdiction in order to sue him in England and subsequently decided to proceed with the action in the foreign jurisdiction, the English court would not stay the English action and would restrain the plaintiff by injunction from suing the defendant in the other jurisdiction, if substantial injustice would be caused by the defendant having to fight an action on two fronts.
Mr Justice Harman so held in the Chancery Division dismissing an application by the plaintiff, Advanced Portfolio Technologies Inc, for a stay of the English proceedings against the defendant, Peter Ainsworth, and granting the defendant's application for an injunction restraining the plaintiff from bringing or prosecuting an action in respect of the same subject matter in New York.
There was an agreement between APT (UK) Ltd, a company controlled by Mr Ainsworth, which...
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