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23 July 2009 / Janna Purdie
Issue: 7379 / Categories: Features , Procedure & practice , LexisPSL
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Non exclusive jurisdiction

How, if at all, will Deutsche Bank affect the restrictions on the use of anti-suit injunctions? Janna Purdie reports

In February the European Court of Justice (ECJ) ruled that anti-suit injunctions restraining another party from commencing or continuing proceedings before the court in another member state were incompatible with the Judgments Regulation (see Allianz SpA v West Tankers [2009] All ER (D) 82 (Feb)).

Three months later the Commercial Court in Shashoua v Sharma [2009] All ER (D) 64 (May) refused to extend the ambit of that principle beyond the EU leaving anti-suit injunctions to fight another day.The outcome of these applications meant that the parties were subject to concurrent proceedings in the English and Texas courts. Highland sought to appeal the anti-suit injunction decision. The Court of Appeal considered two issues: the effect of a non-exclusive jurisdiction clause; whether an anti-suit injunction should have been granted.

Non-exclusive jurisdiction clause

The first instance decision found that where there were parallel proceedings, the proceedings commenced in a different jurisdiction to that provided

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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