Navig8 Ptd Ltd v Al-Riyadh Co for Vegetable Oil Industry [2013] EWHC 328 (Comm), [2013] All ER (D) 285 (Feb)
The issue before the court was whether the English court had jurisdiction, pursuant to para 3.1 of CPR Practice Direction 6B. The English court would only accept jurisdiction if: (i) a claimant could demonstrate in that there was a good arguable case that it was covered by one of the grounds stated in para 3.1 of the Practice Direction or CPR 62.5; (ii) the claim had reasonable prospects of success; (iii) England and Wales was the proper place to bring it; and (iv) as a matter of discretion, permission for service out of the jurisdiction should be given. The court would grant an anti-suit injunction only if the actual or threatened conduct of the party to be injuncted was unconscionable. It was settled law that, where claims were brought in fraud by claimants who alleged that they were induced to make security contracts governed by English law, unless the claimant was suing in order to assert a
