Eva-Maria Bucher-Haefner v Max Lewinsohn & Anor.

Eva-Maria Bucher-Haefner v Max Lewinsohn & Anor.

The court held that Mr Lewinsohn, having elected to dismiss his Counterclaim in the UK for finality and accepted that a fair trial was no longer possible, is estopped from pursuing the same claims in Utah. Commencing the Utah Complaint constitutes an abuse of process and unconscionable conduct. The English court has jurisdiction and sufficient interest to restrain such proceedings by anti-suit injunction, and doing so does not offend principles of international comity.

Parties
Claimant: Eva-Maria Bucher-Haefner; Defendant: Max Lewinsohn; Defendant: Maximillian and Co
Jurisdiction
England and Wales
Judgment Date
16 August 2022
Procedural Posture
Civil / Judgment
Outcome
Anti-suit injunction granted restraining the Utah proceedings.
Legal Topics
Anti Suit Injunction, Abuse of Process, Estoppel by Conduct, International Comity, Jurisdiction, Costs Orders
Civil Procedure Contract Law Equity Anti Suit Injunction Abuse of Process Estoppel by Conduct International Comity Jurisdiction +1 more

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Parties

Eva-Maria Bucher-Haefner

Claimant

Max Lewinsohn

Defendant

Maximillian and Co

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Complaint in Utah constitutes re-litigation of matters dismissed in the UK Counterclaim
  2. 2 Whether pursuing the Complaint is vexatious, oppressive, unconscionable, or an abuse of process
  3. 3 Whether the English court should grant an anti-suit injunction to restrain proceedings in Utah

Ratio Decidendi

The court held that Mr Lewinsohn, having elected to dismiss his Counterclaim in the UK for finality and accepted that a fair trial was no longer possible, is estopped from pursuing the same claims in Utah. Commencing the Utah Complaint constitutes an abuse of process and unconscionable conduct. The English court has jurisdiction and sufficient interest to restrain such proceedings by anti-suit injunction, and doing so does not offend principles of international comity.

Court Disposition

Anti-suit injunction granted restraining the Utah proceedings.

Orders

  • Mr Lewinsohn is restrained from pursuing the Complaint in Utah against Ms Bucher-Haefner.
  • Order accordingly.