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

The following Dispute Resolution guidance 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
  • What is an anti-suit injunction?
  • Power of the court
  • When an anti-suit injunction will be granted
  • Exclusive jurisdiction clause
  • Non-exclusive jurisdiction clause
  • Single forum cases
  • Timing of an anti-suit injunction
  • Applying for an anti-suit injunction—documents
  • What test will the court apply?
  • more

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a dispute and whether it will be possible to obtain an anti-suit injunction against a party in an EU Member State. For an understanding of the impact of Brexit on anti-suit injunctions, see: Anti-suit injunctions within the EU—impact of Brexit.

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.

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?

This is an injunction ordered by an English court to restrain a party from commencing/continuing proceedings, but which can also be used to restrain proceedings before the English courts. 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