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Practice – Counterclaim. The parties had been engaged in proceedings in different jurisdictions before entering into an exclusive jurisdiction agreement that conferred jurisdiction on the English courts. Mr and Mrs Arkhangelsky had issued proceedings in the Commercial Court whereas the bank and Mr Savelyev issued and served proceedings in the Chancery Division. The Chancery Division disapplied the Russian limitation period pursuant to s 2(2) of the Foreign Limitation Periods Act 1984 but dismissed the Arkhangelskys' application for an anti-enforcement injunction to prevent enforcement of the judgments previously obtained against them. The Court of Appeal, Civil Division, held that the judge had, in the circumstances, been correct to grant the anti-enforcement injunction, but had erred in refusing to grant the anti-enforcement injunction.
Practice – Counterclaim. The parties had been engaged in proceedings in different jurisdictions before entering into an exclusive jurisdiction agreement that conferred jurisdiction on the English courts. Mr and Mrs Arkhangelsky had issued proceedings in the Commercial Court whereas the bank and Mr Savelyev issued and served proceedings in the Chancery Division. The Chancery Division disapplied the Russian limitation period pursuant to s 2(2) of the Foreign Limitation Periods Act 1984 but dismissed the Arkhangelskys' application for an anti-enforcement injunction to prevent enforcement of the judgments previously obtained against them. The Court of Appeal, Civil Division, held that the judge had, in the circumstances, been correct to grant the anti-enforcement injunction, but had erred in refusing to grant the anti-enforcement injunction.
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