20/01/2012

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14

The Court of Appeal today handed down judgment in an appeal concerning the scope of the court’s power to grant anti-suit injunctions in circumstances where the foreign proceedings were not brought in breach of an English jurisdiction or arbitration clause.  In overturning the decision of Teare J to grant an anti-suit injunction in favour of the Claimant, Star Reefers, the Court of Appeal held that the conduct of the Defendant, JFC, in commencing proceedings in Russia without notice to the Claimant had not been vexatious or unconscionable, and that the conditions for the grant of an anti-suit injunction had not been met.  The judgment of Rix LJ is likely to become a leading authority on the meaning of vexatious conduct, and on the relevance of considerations of comity, in the context of anti-suit injunctions. 

Charles Kimmins QC and Luke Pearce appeared for Star Reefers, instructed by Stephenson Harwood.