Jurisdiction(s):
United Kingdom

England and Wales Court of Appeal upholds refusal of anti-suit injunction; lawful 28 USC s 1782 evidence gathering not oppressive in defamation proceedings (Soriano v Forensic News)

Published on: 28 March 2023

Published by a LexisNexis TMT expert

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Article summary

Soriano v Forensic News LLC and others [2023] EWCA Civ 223

What are the practical implications of this case?

The English courts may grant an anti-suit injunction to restrain overseas proceedings where a party acts unreasonably. Yet they will not usually exercise that discretion where the foreign claimant is lawfully seeking documents they say they need for their claim. That holds even if the relief pursued abroad is broader than an English court would typically order. Though the dispute concerned defamation, the guidance reaches beyond that field. The Court of Appeal essentially affirmed support for legitimate evidence-gathering and is slow to conclude that recourse to foreign processes to obtain evidence is oppressive.

What was the background?

The appellant holds both British and Israeli nationality, has lived in the UK since 2003, and became a British citizen in 2009. He issued libel claims against a number of defendants located in the United States. He had sued two US-based respondents for defamation. Later, the respondents...

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