RBS’s unclean hands leads to refusal of anti-suit injunction

RBS sought an anti-suit injunction to stop proceedings in Texas, which were said to breach an exclusive jurisdiction clause.  Graham Dunning QC and Philippa Hopkins of Essex Court Chambers, instructed by John Day of Day Sparkes, successfully argued that no injunction should be granted against their client because RBS did not have “clean hands”. Burton J held that a key individual and witness from RBS had lied during the course of the proceedings. He also declined to grant any declarations in favour of RBS for the same reason.

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