The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings
An application for an anti-enforcement injunction is made using court form N244 or N244 (CC) if the matter is in the Commercial Court. This Precedent is based on Form N244.
Application notice (Form N244)
The form should be filled in with the details of the court proceedings eg title of the claim and claim number (CPR PD 23A, para 2.1).
Insert the name of your firm
Tick ‘Legal Representative.
Insert the party you represent: Claimant or Defendant
It should not be necessary to reproduce the entirety of the order sought, so long as the draft is appended to the application notice.
Proposed wording: ‘Order sought: See the terms of the draft Order attached’
In explaining the reasons for seeking the order, it is not sufficient simply to refer to the witness evidence. You should give a summary of the reasons why the order is sought. However, those reasons will be explained fully in the evidence and it is not necessary to repeat them in full.
The Claimant must establish that the order sought is necessary in the interests of justice. This may be because the dispute falls within the terms of a
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