Anti-suit injunction

Navig8 Pte Ltd v Al-Riyadh Co for Vegetable Oil Industry [2013] EWHC 328 (Comm), [2013] All ER (D) 285 (Feb); NLJ 8 March

The English court will only accept jurisdiction if: (i) a claimant can demonstrate that there was a good arguable case that it was covered by one of the grounds stated in para 3.1 of the Practice Direction or CPR 62.5; (ii) the claim had reasonable prospects of success; (iii) England and Wales was the proper place to bring it; and (iv) as a matter of discretion, permission for service out of the jurisdiction should be given. The court would grant an anti-suit injunction, only if the actual or threatened conduct of the party to be injuncted was unconscionable. It was settled law that, where claims were brought in fraud by claimants who alleged that they were induced to make security contracts governed by English law, unless the claimant was suing in order to assert a contractual right or a right which had arisen as a result of non-performance of a contract, his claim was not in that context, properly to be regarded as one made in respect of a contract.