![CL-2025-000380 - [2025] EWHC 2462 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
Heading
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before :
MR JUSTICE FOXTON
Between :
(1) CRODA EUROPE LTD (2) CRODA INTERNATIONAL PLC (3) CRODA INC (a company incorporated under the laws of the State of Delaware) | Claimants |
- and - | |
(1) AGFORM LIMITED (in administration) (2) AGFORM TECHNOLOGIES LIMITED (3) DELSYS TECHNOLOGY LIMITED (4) AGFORM LLC (a company incorporated under the laws of the State of Delaware) | Defendants |
Alan Gourgey KC and Ernest Leung (instructed by DLA Piper UK LLP) for the Claimants
James Hatt (instructed by Acuity Law Limited) for the Second and ThirdDefendants
Hearing date: 18 September 2025
Draft judgment to parties: 19 September 2025
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Approved Judgment
This judgment was handed down remotely at 10.30am on 30 September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
Mr Justice Foxton :
- Heading
- In this matter, the applicants (“ the Croda Parties ”) seek interim anti-suit injunctions (“ ASI ”s)
- The background
- The applicable legal principles
- Where the proceedings to be restrained are vexatious and oppressive
- The principles applicable on the hearing of an interim ASI
- Croda Europe’s claim for ASI relief against ATL
- Do the EJCs apply to the claims by ATL against Croda Europe in the Delaware Proceedings?
- Has Croda Europe shown a high degree of probability that AgLLC is asserting claims in the Delaware Proceedings which were derived from AL or ATL and which are subject to the EJCs as between ATL/AL and
- Has ATL shown strong reasons to refuse the relief sought by Croda Europe?
- Claims on the vexatious and oppressive basis
- The form of the Complaint
- Conclusions