loading...
Published on April 3, 2025
Enyo Law clients successfully defend application for anti-suit injunction in Court of Appeal

In Renaissance Securities (Cyprus) Limited v ILLC Chlodwig Enterprises and Others, Enyo Law successfully represented ILLC Adorabella and Perpecia Limited (the “Respondents”) in the Court of Appeal in resisting an application for an anti-suit injunction. The Court, in dismissing the Claimant’s appeal, confirmed the serious consequences of a lack of candour when pursuing the discretionary remedy of anti-suit injunctive relief.

As previously reported, the Respondents, then also represented by Enyo Law, had obtained dismissal of the application by the Claimant before the Commercial Court at first instance. Consequently, the Claimant sought and obtained permission to appeal that judgment on an expedited basis.

In dismissing the appeal, the Court of Appeal relied in particular on the dicta of Lord Bingham in Donohue v Armco Inc and Ors [2001] UKHL 64, as to the foundation of the exceptional jurisdiction to grant an anti-suit injunction, at [16]: that such relief is discretionary in nature and for that discretion to be exercised “the court must have the fullest possible knowledge and understanding of all the circumstances of the litigation and the parties to it.” Ultimately, the Court determined that the Claimant had failed to provide it with information relevant to the exercise of its discretion.

Lord Justice Males, in agreeing with the lead judgment of Lord Justice Singh, noted that “I am left with the distinct impression that this court is being invited to grant an anti-suit injunction while being deliberately kept in the dark” and Lord Justice Phillips commented that the Appellant had not “disclosed the documents or provided the information” needed to understand certain crucial matters, “when it is a reasonable inference that it could do so.”

The Enyo team acting for the Respondents was Konrad Rodgers, Matthew Marshall and Roshan Laidlay, alongside Rupert D’Cruz KC of Littleton Chambers, Douglas James of 4 New Square and Kirill Trukhanov of Trubor Law Firm.

News
May 20, 2025
Settlement Terms in Litigation: High Court Upholds Confidentiality
In Omanovic v Shamaazi Ltd & Anor [2025] EWHC 110 (KB), the High Court held that evidence of settlement terms...
May 13, 2025
Clarity in the Dispositive: The Court of Appeal Confirms the Scope of Arbitral Relief in Nigeria LNG v Taleveras
Introduction In Nigeria LNG Ltd v Taleveras Petroleum Trading DMCC, the Court of Appeal confirmed that only the final dispositive...
May 7, 2025
Enyo Law has successfully represented its clients before the UK Supreme Court in responding to an appeal which sought to narrow the scope of s.213 of the Insolvency Act 1986
The UK Supreme Court has found that outsiders who participate in, facilitate or assist fraudulent transactions by a company, when...
Apr 16, 2025
The Lawyer Spotlight: Avoiding the rabbit holes with Enyo’s investigations unit
Enyo Law's Business Intelligence unit was recently featured in The Lawyer. Established in 2015, our Business Intelligence and Investigation unit...