Brussels Regulation: Supreme Court Decision in AMT Futures v. Marzillier

3 March, 2017

The Supreme Court has handed down its Judgment in the appeal on AMTF v. Marzillier [2017] UKSC 13, ruling that English courts do not have jurisdiction over an inducement to breach an exclusive English jurisdiction clause. It was alleged that Marzillier, a German law firm, induced German investors to bring tort claims in the German courts to recover sums lost in investing with a London derivatives broker, AMTF.

The investors’ contracts with AMTF included an exclusive jurisdiction clause; therefore AMTF alleged that the law firm had induced breach of contract by the investors. Due to the damage for the purposes of Article 5(3) being the commencement of German proceedings and the consequential costs incurred, the Supreme Court upheld the Court of Appeal decision that the relevant damage occurred in Germany.

Hugh Mercer QC acted for Marzillier, resisting the jurisdiction of the English courts under Article 5(3) of the Brussels Regulation. Hugh was instructed by Gunter Zimmer and Rishad Stylianou at Zimmers Law.

Read the judgement in full here.