Injunctions in support of foreign proceedings (Yoram Yossifoff v Shmuel Donnerstein)

Table of contents

• Practical implications
• Facts
• What did the court decide?
• Would the court grant the relief sought if the substantive proceedings were brought in England?
• Would it be inexpedient to grant the relief sought?
• Was the applicant entitled to temporary relief?
• Court details

Article summary

Dispute Resolution analysis: In the High Court, Snowden J refused an application for freezing and prohibitory injunctions in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982. Snowden J applied the two stage test set out in Refco Inc v Eastern Trading Co and held it would be manifestly inexpedient for the court to exercise its jurisdiction where there was no defendant or assets in the jurisdiction. This case is of interest to practitioners advising a client pursuing proceedings in a foreign jurisdiction where injunctive relief is sought from the English court in support of those proceedings.