SAS Institute Inc v World Programming Ltd

SAS Institute Inc v World Programming Ltd

The English court should not grant or continue an anti-suit injunction restraining SAS from seeking US orders against assets situated in the United States, as this would itself be exorbitant and contrary to comity. However, the court should grant an injunction restraining SAS from seeking US orders affecting debts and assets situated in England (including certain third-country customer debts subject to English jurisdiction clauses and funds in UK bank accounts), as such orders would be exorbitant, infringe the territorial enforcement jurisdiction of the English court, and circumvent the Enforcement Judgment, which refused recognition and enforcement of the US judgment on grounds of public...

Parties
Respondent: SAS Institute Inc; Appellant: World Programming Limited
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Anti Suit Injunction
Outcome
Appeal allowed in part; injunction varied and limited; undertakings accepted.
Legal Topics
Anti Suit Injunctions, Enforcement of Foreign Judgments, Jurisdiction, Public Policy, Protection of Trading Interests Act 1980
Conflict of Laws Civil Procedure Intellectual Property Anti Suit Injunctions Enforcement of Foreign Judgments Jurisdiction Public Policy Protection of Trading Interests Act 1980

Case Brief

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Parties

SAS Institute Inc

Respondent

World Programming Limited

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Anti Suit Injunction

Legal Issues

  1. 1 Whether the English court should grant or continue an anti-suit injunction restraining SAS from seeking assignment and turnover orders in the United States affecting assets situated in England or elsewhere.
  2. 2 Whether the proposed US orders are exorbitant and contrary to international law and comity.
  3. 3 Whether the English court's refusal to enforce the US judgment precludes enforcement by other means.

Ratio Decidendi

The English court should not grant or continue an anti-suit injunction restraining SAS from seeking US orders against assets situated in the United States, as this would itself be exorbitant and contrary to comity. However, the court should grant an injunction restraining SAS from seeking US orders affecting debts and assets situated in England (including certain third-country customer debts subject to English jurisdiction clauses and funds in UK bank accounts), as such orders would be exorbitant, infringe the territorial enforcement jurisdiction of the English court, and circumvent the Enforcement Judgment, which refused recognition and enforcement of the US judgment on grounds of public...

Court Disposition

Appeal allowed in part; injunction varied and limited; undertakings accepted.

Orders

  • Discharge the existing injunction.
  • Grant an injunction restraining SAS from seeking US orders affecting debts due from WPL customers in countries (other than the US and UK) with English jurisdiction clauses/arbitration, and funds in UK bank accounts.