![CL-2025-000010 and CL-2025-000091 - [2025] EWHC 1842 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
The matters relied upon
The matters relied upon
The factors relied upon by WRL and the Directors to contend that the Greek Proceedings are vexatious and oppressive so far as both of them are concerned are set out at some length in the Directors’ Part 8 Claim Form but I have taken the following summary from WRL and the Directors’ skeleton:
It is alleged that the Greek Proceedings are subjectively vexatious, being pursued for purposes wholly collateral to the subject of the proceedings (this being said to be vexatious as regards both WRL and the Directors). In this connection, reliance is placed on the impact of the Greek Proceedings on WRL and the Directors.
It is said that the Greek Proceedings are an attempt to manipulate the EJC (which I take to be a case of vexation and oppression so far as WRL is concerned).
It is said that the Greek Proceedings are bound to fail, having regard both to clause 33.1 and issues of causation and loss (which I take to be a case of vexation and oppression as regards the Directors).
It is said that the Greek Proceedings are an attempt to circumvent clause 33.1 (which I take to be a case of vexation and oppression as regards both WRL and the Directors, both of whom are parties to clause 33.1).
Two further points are made: that the Greek Proceedings seek to relitigate matters raised in the proceedings before Dame Clare Moulder DBE and that the Greek Proceedings deploy material which is subject to “without prejudice” privilege.
- 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