The Commercial Court has refused to continue an anti-suit/anti-enforcement injunction granted to the Defendant (“WPL”) without notice just before Christmas 2018. Among other things, the injunction restrained the Claimant (“SAS”) from further pursuing in personam enforcement relief in the US, in respect of a US judgment for around US$79 million, enforcement of which had been refused in England.
Following a 2 day return date, Cockerill J concluded that it would not be just and convenient to continue the injunction having regard (among other things) to its implications for comity, WPL’s submission to the US Courts, and its delay in seeking relief in England. The Judge granted WPL permission to appeal, pending which the injunction has been continued.
Monica Carss-Frisk QC and Andrew Scott (instructed by Macfarlanes LLP) appeared for SAS.