By Robin Henry
In the recent decision of Dreymoor v Eurochem [2018] EWHC 2267, the English High Court refused to grant an injunction to restrain the enforcement of a U.S. discovery order under Section 1782 of the United States Code against a former director of Dreymoor.
The English court has the power to block the enforcement of Section 1782 orders if their enforcement would be “unconscionable”. On the specific facts of this case, however, the High Court concluded that it would not be unconscionable for Eurochem to enforce the order, in particular because the order principally related to non-English proceedings, and the High Court had no “legitimate interest” in policing evidence-gathering in foreign proceedings.
