In Verity Shipping SA v NV Norexa & ors [2008] EWHC 213 (Comm), Teare J refused to continue an anti-suit injunction which had been granted to the claimant shipowners to restrain proceedings which had been commenced against them in the Antwerp commercial court by cargo interests. The injunction was originally granted without notice on the grounds that the Antwerp proceedings had been commenced in breach of arbitration clauses contained in bills of lading.

The case is a reminder that careful thought needs to be given to the timing of any application for anti-suit relief, and the forum in which any third party indemnity claims are commenced. Here, it was the shipowners' own decision to advance indemnity claims in the Antwerp court which ultimately precluded the continuation of anti-suit injunctive relief in the English court.