(British Virgin Islands- Eastern Caribbean Court of Appeal) The defendant pension funds appealed againat an order allowing the respondent liquidators’ appeal against the refusalof an anti-suit injunction to restrain the now appellants pursuing an action in the Netherlands.
Held: The appeal failed. No principle existed to refuse an anti-suit injunction on the basis that the proceedings were to take place in the foreign party’s own jurisdiction.
Lord Toulson said: liquidator and ultimately by the court according to its merits and satisfied according to the rules of distribution if it is admitted.’
Lady Hale, Lord Clarke, Lord Wilson, Lord Sumption, Lord Toulson
[2014] UKPC 41, [2015] 2 WLR 289, [2015] 1 BCLC 597, [2015] BCC 205, [2014] WLR(D) 516, [2015] 2 All ER (Comm) 97, [2015] AC 616
Bailii, WLRD
England and Wales
Insolvency
Updated: 08 January 2022; Ref: scu.539287
