Sam Purpose AS v Transnav Purpose Navigation Ltd (Rev 2) [2017] EWHC 719 (Comm) (03 March 2017)

Sam Purpose AS v Transnav Purpose Navigation Ltd (Rev 2) [2017] EWHC 719 (Comm) (03 March 2017)

A final mandatory injunction requiring discontinuance of the Nigerian proceedings is refused because, at the time of hearing, the only ongoing step is to seek a stay, leaving the arrest as security for arbitration, which is not a breach justifying further injunctive relief. Material non-disclosure by the claimant regarding Nigerian law does not warrant discharge of the original order due to lack of prejudice and the claimant's reasonable reliance on legal advice.

Citation
[2017] EWHC 719 (Comm)
Parties
Claimant/applicant: Sam Purpose AS; Defendant/respondent: Transnav Purpose Navigation Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2017
Procedural Posture
Commercial Court Claim for Anti Suit Injunction / Return Date and Final Hearing of Application for Permanent Injunctive Relief
Outcome
Final mandatory injunction refused; court open to negative relief; original order not discharged for non-disclosure.
Legal Topics
Anti Suit Injunctions, Arrest of Ships, Non Disclosure, Enforcement of Arbitration Agreements
Arbitration Shipping Law Civil Procedure Anti Suit Injunctions Arrest of Ships Non Disclosure Enforcement of Arbitration Agreements

Case Brief

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Parties

Sam Purpose AS

Claimant/applicant

Transnav Purpose Navigation Limited

Defendant/respondent

Procedural Posture

Commercial Court Claim for Anti Suit Injunction / Return Date and Final Hearing of Application for Permanent Injunctive Relief

Legal Issues

  1. 1 Whether a final anti-suit injunction should be granted to require the defendant to discontinue Nigerian proceedings in breach of a London arbitration clause
  2. 2 Whether the claimant's non-disclosure of Nigerian statutory provisions justifies discharge of the injunction

Ratio Decidendi

A final mandatory injunction requiring discontinuance of the Nigerian proceedings is refused because, at the time of hearing, the only ongoing step is to seek a stay, leaving the arrest as security for arbitration, which is not a breach justifying further injunctive relief. Material non-disclosure by the claimant regarding Nigerian law does not warrant discharge of the original order due to lack of prejudice and the claimant's reasonable reliance on legal advice.

Court Disposition

Final mandatory injunction refused; court open to negative relief; original order not discharged for non-disclosure.