CARLYLE CAPITAL CORPORATION LTD (IN LIQUIDATION) AND OTHERS v CONWAY AND OTHERS

摘要

Practice - Anti-anti-suit injunction -Liquidators of Guernsey company bringing common law and statutory claims against former directors and managers - One defendant having benefit of exclusive Delaware jurisdiction clause - Whether non-statutory claims should be litigated in Delaware -Whether liquidators entitled to anti-anti-suit injunction restraining Delaware proceedings. The first plaintiff (CCC) was incorporated in Guernsey on 29 August 2006 to invest in residential mortgage-backed securities. After eight months of increasing volatility in the global credit markets, on 17 March 2008 CCC was placed into compulsory liquidation in Guernsey on the application of its directors. When CCC collapsed not only was the capital lost but there was a substantial deficit.