Shashoua and another v. Sharma [2010] EWCA Civ 15 concerned an application to the Court of Appeal by Sharma for permission to appeal a procedural aspect of the High Court’s decision in (1) Roger Shashoua (2) Rodemadan Holdings Ltd (3) Stancroft Trust Ltd v Mukesh Sharma [2009] EWHC 957 (Comm) (previously blogged here).

Sharma sought permission to appeal for clarification as to whether an anti-suit injunction preventing Sharma from commencing proceedings in India also applied automatically so as to prevent Sharma from defending enforcement proceedings likely to be brought in India, or whether Sharma was able to apply for the English court’s permission to defend any enforcement proceedings. The Court of Appeal found that this procedural issue was not subject to the precedent set in the case of C v D [2007] EWCA Civ 1282 or any other precedent and therefore granted Sharma permission to appeal the High Court’s decision for a clarification of the application of the anti-suit injunction.