Anti-enforcement injunction to prevent enforcement of an English judgment overseas (Federal Government of Nigeria and another v Williams)
Dispute Resolution analysis: This case concerns a claim by the Federal Government of Nigeria and the Attorney General of the Federal Government of Nigeria for the setting aside of a default judgment granted on 9 November 2018 in proceedings brought against them by the defendant (‘Dr Williams’) for c. USD 15 million (plus costs) in Dr Williams’ favour, on the ground that the default judgment was obtained fraudulently. It is well established that an anti-enforcement injunction is available to the English Court, as an equitable remedy, to restrain a party from seeking to enforce a foreign judgment, even in respect of enforcement in other foreign countries. Relying on those principles, in what is believed to be the first case of its kind, an anti-enforcement injunction was granted by the Commercial Court to restrain Dr Williams from enforcing the judgment of an English court overseas (rather than the more common situation in which an anti-enforcement injunction is used to restrain the enforcement of a foreign judgment). Written by Natalie Todd, partner at Cooke, Young & Keidan and Andrew Woolsey, associate at Cooke, Young & Keidan.