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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

22/02/2013

Navig8 Pte Ltd v Al-Riyadh Co for Vegetable Oil Industry [2013] EWHC 328 (Comm)

This is an archived article, and some links may not work. Contact us if you have any questions.

Subject: anti-suit injunctions; negative declarations; jurisdiction.


In this case the Claimant claimed an anti-suit injunction, equitable damages and negative declaratory relief in relation to proceedings brought by the Defendant against the Claimant in Jordan under five bills of lading. The Claimant’s case was that the Jordanian proceedings were vexatious and oppressive because, as a matter of English law, it was not a party to the bills of lading and the claim was a hopeless one.


On the Defendant’s application challenging the jurisdiction of the Court to hear the Claimant’s claims, it was held by Andrew Smith J that the Court lacked jurisdiction to hear the claims for an anti-suit injunction and equitable damages, and service of the claim form in respect of those claims should therefore be set aside, on the grounds that (1) the claims were not “in respect of” a contract governed by English law and there was therefore no “gateway” jurisdiction; and (2) the claims in any event had no reasonable prospect of success. However, Andrew Smith J granted permission to serve the claim for negative declaratory relief out of the jurisdiction, holding that England was the proper place to hear those claims, and that the negative declarations might serve a useful and legitimate purpose if granted. In this regard, it was held that the declarations would be useful if granted even though they would be ignored by the Jordanian court, because they might assist the Claimant in resisting enforcement of any judgment of the Jordanian court in other jurisdictions. The judge could also not rule out the possibility of the declarations providing a ground on which to claim ancillary injunctive relief in the future.


Michael Collett appeared for the Claimant. Luke Pearce appeared for the Defendant.

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