The High Court (Linden J) has handed down judgment today in Baring Investment Services Limited v Wheeler [2025] EWHC 2369 (KB), a claim arising out a large-scale team move in the private finance industry.
The Defendant, Mr Wheeler, was co-head of Barings Global Finance Group. In March 2024, he and 21 other members of that team resigned to join a competitor of Barings, Corinthia Global Management. Barings LLC sued Corinthia and US-based Defendants in North Carolina for wrongdoing in connection with that team move. Barings Investment Services Ltd, the UK-based employer of Mr Wheeler, sued Mr Wheeler in England, including in respect of bonus payments paid to him and other EMEA-based resigning employees.
Mr Wheeler sought to strike out the English claim on the basis that it was an abuse of the Court’s process. He argued that it was abusive because (i) it was inconsistent with the position advanced by Barings LLC in the US and (ii) it was internally inconsistent because it sought damages on a basis inconsistent with undertakings it had received from him.
The Court rejected those arguments (as well as a number of additional arguments). Linden J held that Mr Wheeler’s criticisms were either wrong or unsuitable for summary determination. In so doing, Linden J gave useful guidance for litigants involved in cross-border team move cases involving parallel proceedings, and for claimants who seek alternative remedies.
Jane McCafferty KC and Zac Sammour act for the successful Claimant. A copy of the judgment is available here.
