Our client supplied digital marketing and website services pursuant to an English law contract in Australia. In mid-2015 the defendant commenced wide-ranging litigation in Australia against its former managing director, which included allegations of fraud relating to a number of contracts with third parties (including the contract with our client). The contract was subsequently terminated and the defendant sought to join our client as a party to the proceedings in Australia.

We issued an urgent anti-suit injunction in the Commercial Court to enforce the exclusive English law and jurisdiction clause, and resist the addition of our client as a party to the Australian proceedings. We also issued proceedings in the Commercial Court to claim for the losses (of c. £15 million) for breach of the contract. The defendant counterclaimed (for c. Aus$25 million) on the basis of allegations of sham and bribery.

The case raised significant legal issues relating to the affirmation of contracts where fraud is alleged, as well as the proper interpretation of a contractual exclusion of liability for loss of profits.