Khalifeh v Blom Bank S.A.L.

Khalifeh v Blom Bank S.A.L.

The application for a mandatory anti-suit injunction is adjourned to trial due to unresolved uncertainties in Lebanese law and the risk that withdrawal of Lebanese proceedings may deprive the Defendant of a substantive defence. The Defendant's undertakings not to prosecute the Lebanese proceedings or take steps outside England and Wales suffice at the interim stage. The balance of injustice favours adjournment rather than granting a mandatory injunction now.

Parties
Claimant: Bilal Khalifeh; Defendant: BLOM Bank S. A. L.
Jurisdiction
England and Wales
Judgment Date
04 June 2021
Procedural Posture
Application for Anti Suit Injunction / Interlocutory Judgment on Application, Adjourned to Trial
Outcome
Application for mandatory anti-suit injunction adjourned to trial; interim undertakings accepted.
Legal Topics
Anti Suit Injunctions, Jurisdiction, Consumer Rights, Vexatious Proceedings, Mandatory Injunctions
Civil Procedure Conflict of Laws Banking Law Anti Suit Injunctions Jurisdiction Consumer Rights Vexatious Proceedings Mandatory Injunctions

Case Brief

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Parties

Bilal Khalifeh

Claimant

BLOM Bank S. A. L.

Defendant

Procedural Posture

Application for Anti Suit Injunction / Interlocutory Judgment on Application, Adjourned to Trial

Legal Issues

  1. 1 Whether the Claimant is entitled to an anti-suit injunction restraining the Defendant from prosecuting Lebanese proceedings
  2. 2 Whether the Lebanese proceedings are vexatious or oppressive
  3. 3 Whether Article 18(2) of Brussels Recast confers a right enforceable by injunction

Ratio Decidendi

The application for a mandatory anti-suit injunction is adjourned to trial due to unresolved uncertainties in Lebanese law and the risk that withdrawal of Lebanese proceedings may deprive the Defendant of a substantive defence. The Defendant's undertakings not to prosecute the Lebanese proceedings or take steps outside England and Wales suffice at the interim stage. The balance of injustice favours adjournment rather than granting a mandatory injunction now.

Court Disposition

Application for mandatory anti-suit injunction adjourned to trial; interim undertakings accepted.

Orders

  • Defendant to provide undertakings not to prosecute or continue Lebanese proceedings or initiate actions outside England and Wales relating to the dispute.
  • Defendant to provide information relating to Lebanese proceedings.