The appellant challenged an anti-suit injunction granted to the bank to prevent it pursuing litigation in Texas when the bank issued proceedings here.
Held: The appeal succeeded. The clause under which the request for the injunction was brought was a non-exclusive jurisdiction clause and as such could not be used to base such an injunction. The foreign proceedings were not abusive and should be allowed to proceed.
References: [2009] EWCA Civ 725, Times 15-Oct-2009, [2010] 1 WLR 1023, [2009] CP Rep 45, [2009] 2 Lloyd’s Rep 617, [2009] 2 All ER (Comm) 987, [2009] 2 CLC 45
Links: Bailii
Judges: Lord Justice Carnwath, Lord Justice Toulson and Lord Justice Goldring
Jurisdiction: England and Wales
Last Update: 22 September 2020; Ref: scu.347688