Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret AS (The “Yusuf Cepnioglu”)  EWCA Civ 386
On 20 April 2016 the Court of Appeal handed down judgment in favour of the respondent P&I Club (the “Club”) in The Yusuf Cepnioglu, maintaining an anti-suit injunction that had been granted at first instance. The decision gives a clear signal that the English Courts will fiercely protect against the infringement of a party’s English law rights – even to the detriment of comity (which the Court held was not a relevant consideration). In reaching its conclusions, the Court recognised that its two previous decisions in The Hari Bhum (No. 1)  1 All ER Comm (715) and The Jay Bola  2 Lloyd’s Rep 279 were irreconcilable, and preferred the latter.
David Lewis QC and Oliver Caplin acted for the respondent charterers in the title case, which has provided a firm steer from the Court of Appeal on the approach to be taken to anti-suit injunctions where derived rights are concerned.
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