Source: All England Reporter
Publisher Citation: [2011] All ER (D) 67 (Jan)
Neutral Citation: [2010] EWHC 2579 (Ch)
Court: Chancery Division
Judge:

Floyd J
Representation Richard Snowden QC, James Potts and Benjamin Shaw (instructed by Freshfields Bruickhaus Deringer) for the bank.
  Lord Grabiner QC and Joseph Goldsmith (instructed by Slaughter and May) for KFHL and KFL.
  Philip Marshall QC and Paul Harris (instructed by Crouchmans) for B, P and A.
  David Chivers QC (instructed by Shearman and Sterling) for NESV.
Judgment Dates: 14 October 2010

Catchwords

Conflict of laws - Jurisdiction - Challenge to jurisdiction - Anti-suit injunction - Defendants seeking relief in American court that substantially similar to relief expressly refused in proceedings in English courts - Claimant applying for anti-suit injunction - Whether anti-suit injunction should be granted.

The Case

Conflict of laws Jurisdiction. The Chancery Division granted the claimant bank an anti-suit injunction against the defendants where the defendants had sought relief in the district court in Dallas Texas which they had been expressly refused in proceedings in the English court. The instant case had no real connection with Texas, and the commencement and prosecution of the Texas action was an attempt by the first and second defendants to deprive the claimant of the fruits of its success in the English court.

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