The Business Law Reports
[2008] Bus LR 1265
Court of Appeal
Banco Nacional de Comercio Exterior SNC
v
Empresa de Telecommunicaciones de Cuba SA
Same
v
Same (British Telecommunications plc intervening)
[2007] EWCA Civ 662
2007 June 12,
13;
July 4
July 4
Lord Phillips of Worth Matravers CJ, Tuckey and Jacob LJJ
Injunction— Freezing injunction— Jurisdiction— Claimant seeking domestic and worldwide injunctions to enforce foreign judgment— Whether jurisdiction to grant worldwide order pursuant to Council Regulation— Whether inexpedient in circumstances to grant order pursuant to domestic legislation— Whether requirement for domestic order to include undertaking as to third party losses—
Civil Jurisdiction and Judgments Act 1982 (c 27), s 25(2) (as amended by Civil Jurisdiction and Judgments Act 1991 (c 12), s 3, Sch 2, para 12)
—
Council Regulation (EC) No 44/2001, art 47