Soriano v Forensic News LLC & Ors [2023] EWCA Civ 223 (01 March 2023)

Soriano v Forensic News LLC & Ors [2023] EWCA Civ 223 (01 March 2023)

The English court will not restrain a party from seeking evidence abroad via lawful means (such as a US §1782 application) unless the conduct is unconscionable, abusive, or interferes with the English court's process. The breadth of the US order is for the US court to determine. The application was not abusive or unconscionable in this case, and non-payment of costs did not justify an injunction.

Citation
[2023] EWCA Civ 223
Parties
Claimant/appellant: Walter Tzvi Soriano; Defendant/respondent: Forensic News LLC; Defendant/respondent: Scott Stedman; Defendant: Eric Levai
Jurisdiction
England and Wales
Judgment Date
01 March 2023
Procedural Posture
Appeal (civil) / Appeal From High Court Refusal of Anti Suit Injunction
Outcome
Appeal dismissed
Legal Topics
Anti Suit Injunctions, Section 1782 US Evidence Gathering, Disclosure in Libel Actions, Jurisdiction, Costs in Litigation
Defamation Civil Procedure Private International Law Anti Suit Injunctions Section 1782 US Evidence Gathering Disclosure in Libel Actions Jurisdiction Costs in Litigation

Case Brief

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Parties

Walter Tzvi Soriano

Claimant/appellant

Forensic News LLC

Defendant/respondent

Scott Stedman

Defendant/respondent

Eric Levai

Defendant

Procedural Posture

Appeal (civil) / Appeal From High Court Refusal of Anti Suit Injunction

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction restraining defendants from pursuing a US 28 USC §1782 application for evidence in support of their defence in English libel proceedings
  2. 2 Whether the US evidence application was abusive, vexatious, or unconscionable
  3. 3 Whether the application circumvented English disclosure rules

Ratio Decidendi

The English court will not restrain a party from seeking evidence abroad via lawful means (such as a US §1782 application) unless the conduct is unconscionable, abusive, or interferes with the English court's process. The breadth of the US order is for the US court to determine. The application was not abusive or unconscionable in this case, and non-payment of costs did not justify an injunction.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted on grounds 1, 3, 4, and 5 (abusive, costs, due process, helpful instructions) but not on libel tourism ground
  • Appeal dismissed; no anti-suit injunction granted