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Case details

World Programming Ltd (Respondent/Cross-Appellant) v SAS Institute Inc (Appellant/Cross-Respondent)

Case ID: 2020/0118

Case summary

Issue

The following issues arise:
(i) What is the width of the court’s jurisdiction to restrain vexation, and is a breach of customary international law an important factor in justifying an injunction?
(ii) What is the extent of the court’s power to protect its jurisdiction and judgments and when will it have a sufficient interest in granting an injunction with regards to assets not situate in the UK?
(iii) Is an anti-suit injunction available to prevent the undermining of English public policy?
(iv) What are the boundaries of comity and the correct thresholds for an injunction in cases where a foreign judgment would interfere with assets situate here and in third countries?

Facts

World Programming was granted an interim anti-suit injunction against SAS following a hearing held without notice to SAS. The injunction restrained SAS from taking steps to obtain orders from courts in the United States in order to enforce a judgment that SAS had obtained in an action before a US court. Upon hearing both parties, the judge declined to continue the interim injunction but granted permission to appeal to the Court of Appeal. The Court of Appeal granted a narrowed injunction alongside undertakings from SAS, with the effect that SAS is restrained from seeking certain types of enforcement offers insofar as they relate to WPL’s assets deemed situated in the United Kingdom in accordance with English conflict of law rules. The Supreme Court granted SAS permission to appeal. WPL now seeks permission to cross-appeal to the Supreme Court.

Judgment appealed

[2020] EWCA Civ 599

Parties

Appellant(s)

SAS Institute Inc

Respondent(s)

World Programming Ltd

Appeal

Justices

Lord Reed, Lord Kitchin, Lord Hamblen, Lord Stephens, Lord Lloyd–Jones

Hearing start date

15 March 2022

Hearing finish date

17 March 2022