![CL-2025-000010 and CL-2025-000091 - [2025] EWHC 1842 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
Introduction
This is the expedited hearing of claims brought by WEREALIZE.COM LIMITED (“WRL”) and four directors (“the Directors”) of Viva Wallet Holdings Software Development S.A. (“Viva”) nominated by WRL.
WRL and the Directors seek anti-suit injunctions to prevent J.P. Morgan International Finance Limited (“JPM”) pursuing claims against the Directors in Greece arising out of their management of Viva, in which JPM is a shareholder (“the Greek Proceedings”). They argue that the claims brought in the Greek Proceedings involve a breach by JPM of a contract between JPM and WRL (and/or the Directors), or are vexatious and oppressive. Those claims are resisted by JPM, who also denies the court has jurisdiction to hear the Directors’ claims.
- Heading
- Introduction
- THE BACKGROUND
- The Greek Proceedings
- The Commercial Court proceedings
- CLAIMS FOR FIRST PARTY CONTRACTUAL ASI RELIEF
- Clause 42 of the SHA
- Clause 33.3 and 38.5
- The Deed of Covenant executed by Mr Karonis
- QUASI-CONTRACTUAL ASI RELIEF
- ASI RELIEF ON THE THIRD PARTY CLAIM OBLIGATION BASIS
- ASI RELIEF PURSUANT TO THE VEXATIOUS AND OPPRESSIVE JURISDICTION
- The matters relied upon
- Subjective vexation and oppression
- Circumvention of the EJC
- The alleged lack of merit in the Greek Proceedings
- The alleged attempt to circumvent clause 33.1
- The remaining points
- Sufficient interest
- THE JURISDICTION AND DECLARATION ISSUES
- Service out of the claim to enforce the Clause 33 Contract
- Vexatious and oppressive ASI relief
- The claims for declarations
- Conclusions