Anti-suit injunctions—principles
Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co

The following Dispute Resolution practice note produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co provides comprehensive and up to date legal information covering:

  • Anti-suit injunctions—principles
  • What is an anti-suit injunction?
  • Prohibitory or mandatory injunction?
  • Considerations
  • Power of the court to grant an anti-suit injunction
  • Basis on which an anti-suit injunction will be granted—general
  • Bars to relief
  • Injunction in support of statutory/regulatory framework
  • Basis on which an anti-suit injunction will be granted—exclusive jurisdiction clause
  • High degree of probability
  • More...

Anti-suit injunctions—principles

This Practice Note explains anti-suit injunctions. It looks at the timing of an application for anti-suit injunction and the requirements not to delay it as well as ensuring that the foreign proceedings are not too far advanced. It also looks at when a court may grant an anti-suit injunction as well as issues to consider when making such an application. It also covers breach of an injunction.

Anti-suit injunctions can also apply to proceedings for the recognition or enforcement of judgments, and can thereby operate to restrain a judgment creditor from taking proceedings to enforce a judgment in certain circumstance, see Practice Note: Anti-enforcement injunctions.

For guidance on:

  1. making an application for an anti-suit injunction, see Practice Note: Anti-suit injunctions—application

  2. anti-suit injunctions and the EU, see Practice Note: Anti-suit injunctions and EU court proceedings

  3. anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration (England and Wales)

This Practice Note makes reference to comity. This is the respect for the operation of different legal systems between courts of different jurisdictions.

What is an anti-suit injunction?

An anti-suit injunction is an ‘in personam’ order by a court to restrain a party from commencing/continuing proceedings in a foreign court. It should be noted that parallel proceedings are not, of themselves, regarded by the courts of England and Wales as unacceptable.

As an in personam order, an

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