Vitol SA v Capri Marine Ltd & Ors (No. 2) [2010] EWHC 458 (Comm) (09 March 2010)

Vitol SA v Capri Marine Ltd & Ors (No. 2) [2010] EWHC 458 (Comm) (09 March 2010)

Capri's reliance on the Law and Litigation clause is misplaced as enforcement proceedings in Maryland are not disputes arising out of the charterparty but concern execution of a judgment. The clause does not restrict enforcement actions against third parties. Disclosure orders post-judgment are made to assist enforcement, and Vitol is entitled to use documents disclosed for enforcement in Maryland. Capri's applications for an anti-suit injunction and to set aside the order permitting use of documents are dismissed.

Citation
[2010] EWHC 458 (Comm)
Parties
Claimant: Vitol S.A.; First Defendant: Capri Marine Limited; Second Defendant: Gerassimos Kalogiratos; Third Defendant: Ioannis Kalogiratos; Fourth Defendant: Maria Viaggini; Fifth Defendant: Nikolaos Koutsokostas
Jurisdiction
England and Wales
Judgment Date
09 March 2010
Procedural Posture
Commercial Court Enforcement Proceedings / Post Judgment Applications: Anti Suit Injunction and Permission to Use Disclosed Documents
Outcome
Applications dismissed
Legal Topics
Enforcement of Foreign Judgments, Anti Suit Injunctions, Disclosure and Use of Documents, Piercing the Corporate Veil, Freezing Injunctions
Commercial Law Civil Procedure Conflict of Laws Enforcement of Foreign Judgments Anti Suit Injunctions Disclosure and Use of Documents Piercing the Corporate Veil Freezing Injunctions

Case Brief

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Parties

Vitol S.A.

Claimant

Capri Marine Limited

First Defendant

Gerassimos Kalogiratos

Second Defendant

Ioannis Kalogiratos

Third Defendant

Maria Viaggini

Fourth Defendant

Nikolaos Koutsokostas

Fifth Defendant

Procedural Posture

Commercial Court Enforcement Proceedings / Post Judgment Applications: Anti Suit Injunction and Permission to Use Disclosed Documents

Legal Issues

  1. 1 Whether Capri can restrain Vitol from pursuing proceedings in Maryland based on a Law and Litigation clause
  2. 2 Whether Vitol can use documents disclosed in English proceedings for enforcement in Maryland

Ratio Decidendi

Capri's reliance on the Law and Litigation clause is misplaced as enforcement proceedings in Maryland are not disputes arising out of the charterparty but concern execution of a judgment. The clause does not restrict enforcement actions against third parties. Disclosure orders post-judgment are made to assist enforcement, and Vitol is entitled to use documents disclosed for enforcement in Maryland. Capri's applications for an anti-suit injunction and to set aside the order permitting use of documents are dismissed.

Court Disposition

Applications dismissed

Orders

  • Capri's application for anti-suit injunction dismissed
  • Capri's application to set aside Blair J's order permitting use of documents dismissed