Independent contributor

This Practice Note explores whether the courts of England and Wales, now that the UK is a third state to the EU, can grant anti-suit injunctions where the other proceedings are in an EU Member State.

This Practice Note provides guidance on making an application for an anti-suit injunction, including the test that the court will apply and whether a without notice application can be made. The Practice Note also sets out issues to consider both before and when making the application.

This Practice Note considers anti-suit injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an injunction. It then explores the basis on which an anti-suit injunction may be refused or granted. It considers the effect of a breach of an anti-suit injunction as well as the impact of foreign anti-suit injunctions on proceedings in the courts of England and Wales.

This Practice Note summarises the methods for effecting service of a claim form or other documents outside the jurisdiction. In relation to England and Wales, it sets out the relevant CPR rules and factors you need to consider. There are a number of different ways of approaching service out of the jurisdiction, some more formal than others. This Practice Note provides an overview of these methods together information on some of the issues to consider when determining which method to use.

This Practice Note considers the use of anti-suit injunctions to enforce an exclusive jurisdiction agreement entered into by contractual parties and also considers in what circumstances an anti-suit injunction can be used in proceedings involving a third party.

This Practice Note explains what a negative declaration is and then considers the power of the High Court to make a negative declaration. It sets out the principles the court will apply when determining whether to make a negative declaration and provides guidance on how to make an application for a negative declaration.