“… the claims at paragraphs 38 and 40 (in the second of which he also uses the mirror metaphor) reflects the language used by Andrew Smith J in Evialis SA v SIAT [2003] 2 Lloyd’s Rep 377 at paragraph 89 and Ferrexpo AG v Gilson Investments Ltd [2012] EWHC 721 (Comm) at paragraph…”
“…[76] that it was not helpful to characterise commencement of a suit elsewhere as the invasion of a right, and that of Andrew Smith J in Evialis S.A. v S.I.A.T. [2003] 2 Lloyd’s Rep 377 at [139] that injunctive relief cannot be ordered to enforce rights conferred by a Regulation when that relief is “outwith the machinery of the Regulation”.…”