Innovative Anti-Suit Injunction for Unjust Proceedings Against Foreign Expert Witness

Hannah Sharp, a Partner in the Dispute Resolution Group at Rosling King, recently represented a successful Claimant in a groundbreaking case where they obtained a unique anti-suit injunction in support of an expert witness who was being sued by the Defendants in his home country. This injunction required the withdrawal of the unwarranted claim made against the expert witness in a Ukrainian court, highlighting the High Court's willingness to exercise its discretion to grant such injunctions to safeguard the integrity of the English Court and its processes, even in situations where the legal precedent is limited. The case, which has been ongoing for several years, saw the High Court issue the anti-suit injunction against the Defendants, Mr and Mrs Tyshchenko, compelling them to retract their claim in Ukraine against the expert witness working for the Claimant, WWRT Limited.

This judgment, delivered by Mrs Justice Bacon, marked a significant milestone as there were no previous cases where an anti-suit injunction had been granted under similar circumstances. The legal dispute stemmed from loans provided by a Ukrainian bank, JSC Fortuna Bank, which WWRT alleged were given to borrowers linked to the Tyshchenkos who had no intentions of repaying them. The expert witness for WWRT had provided crucial evidence in support of their claims, leading to the Defendants filing a claim in Ukraine against the expert, seeking to challenge his findings and have him recant his evidence.

Despite the expert's appeals being rejected by Ukrainian courts, WWRT successfully applied for an anti-suit injunction in the UK to halt the abusive legal action against their witness. Mrs Justice Bacon's decision to grant the anti-suit injunction was based on the clear vexatious and oppressive nature of the Defendants' claim against the expert witness. Although precedents in this area of law are scarce, the Judge emphasized the need to prevent such blatant interference in the legal proceedings in England.

This ruling sends a strong message that such conduct will not be tolerated and underscores the High Court's commitment to protecting the sanctity of its processes. Hannah Sharp, who specializes in financial services disputes and commercial litigation, can be contacted for further information on this case and similar matters. Rosling King LLP, a London-based law firm catering to the needs of financial institutions, corporates, and individuals, is at the forefront of providing legal solutions in complex cross-border disputes.