Soriano v Forensic News LLC & Ors [2023] EWHC 262 (KB) (10 February 2023)

Soriano v Forensic News LLC & Ors [2023] EWHC 262 (KB) (10 February 2023)

The US proceedings initiated by the 1782 Application are not oppressive, vexatious, or unconscionable; seeking evidence via 28 USC §1782 is legitimate and does not interfere with the due process of the English court; criticisms of scope, timing, or costs do not justify injunctive relief; the US court can address any objections regarding disclosure.

Citation
[2023] EWHC 262 (KB)
Parties
Applicant/claimant: Walter Tzvi Soriano; Respondent/1st Defendant: Forensic News LLC; Respondent/2nd Defendant: Scott Stedman; 3rd Defendant: Eric Levai
Jurisdiction
England and Wales
Judgment Date
10 February 2023
Procedural Posture
Application for Anti Suit Injunction / Interlocutory Application Prior to Trial of Preliminary Issues and Strike Out Application
Outcome
Application refused
Legal Topics
Anti Suit Injunctions, Section 37(1) Senior Courts Act 1981, USC §1782 Applications, Libel, Disclosure, Jurisdiction, Comity
Civil Procedure Media Law Conflict of Laws Anti Suit Injunctions Section 37(1) Senior Courts Act 1981 USC §1782 Applications Libel Disclosure +2 more

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Parties

Walter Tzvi Soriano

Applicant/claimant

Forensic News LLC

Respondent/1st Defendant

Scott Stedman

Respondent/2nd Defendant

Eric Levai

3rd Defendant

Procedural Posture

Application for Anti Suit Injunction / Interlocutory Application Prior to Trial of Preliminary Issues and Strike Out Application

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction restraining US proceedings under 28 USC §1782 initiated by the respondents
  2. 2 Whether the US proceedings are unconscionable, oppressive, or vexatious so as to justify injunctive relief

Ratio Decidendi

The US proceedings initiated by the 1782 Application are not oppressive, vexatious, or unconscionable; seeking evidence via 28 USC §1782 is legitimate and does not interfere with the due process of the English court; criticisms of scope, timing, or costs do not justify injunctive relief; the US court can address any objections regarding disclosure.

Court Disposition

Application refused

Orders

  • Application for anti-suit injunction refused
  • No injunction granted restraining the respondents' US proceedings under 28 USC §1782