The Court upheld the validity and binding effect of an English-law Settlement Agreement between the Altrad and Cape groups, and granted anti-suit injunctions restraining the South Carolina-appointed receiver, Mr Protopapas, from pursuing sweeping third-party claims in the US. The Court found the transactions to be bona fide and the agreement effectively extinguished the US claims.
This decision builds on last year’s Cape Intermediate Holdings Limited and Cape Plc v Peter D Protopapas [2024] EWHC 2999 (Ch) (read more here), where the Court held that the same South Carolina receivership was “not capable of recognition in this jurisdiction” and restrained the receiver from acting for the Cape companies.
Together, these judgments underscore the English Court’s willingness to protect the integrity of its jurisdiction and the governance of English companies against extraterritorial “long-arm” receiverships. While comity with foreign courts remains a key principle, the Court emphasised that it may—and indeed must—intervene to prevent injustice where foreign proceedings assert an exorbitant jurisdiction that threatens British national interests or undermines the settled governance of English companies, thereby justifying the overriding of comity. As Marcus Smith J observed, this was “quite plainly the sort of exceptional case … where the English court must intervene”.
This judgment was handed down on 30 September 2025, here.
Signature Litigation instructed William Willson of South Square.