![CL-2025-000010 and CL-2025-000091 - [2025] EWHC 1842 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
The Commercial Court proceedings
The Commercial Court proceedings
As I have indicated, WRL sought anti-suit relief in respect of the Greek Proceedings in its counterclaim to the Commercial Court proceedings. It seeks an anti-suit injunction (“ASI”) on the following bases:
On the proper construction of the SHA, JPM has breached obligations owed to WRL under clauses 33 and 42 of the SHA in bringing the Greek Proceedings against the Directors.
On the so-called “quasi-contractual” basis that JPM is effectively asserting rights subject to the EJC in the Greek Proceedings.
The bringing of the Greek Proceedings against the Directors is vexatious and oppressive conduct by JPM so far as WRL is concerned, and should be restrained on that basis.
The Directors have also commenced proceedings in the Commercial Court, by way of a Part 8 Claim Form. The Directors seek ASI relief on the following bases:
They are parties to and/or able to enforce clauses 33 and 42 of the SHA, which JPM has breached by bringing the Greek Proceedings.
The rights asserted against the Directors are derived from the SHA, and cannot conscionably be exercised otherwise than in accordance with the EJC.
The Greek Proceedings are vexatious and oppressive so far as the Directors themselves are concerned.
Issues arise as to whether the Directors’ claim has been properly served and, more fundamentally, whether it could be served out of the jurisdiction.
- 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