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.