Drafting note for an application notice for an anti-suit injunction
Drafting note for an application notice for an anti-suit injunction

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Drafting note for an application notice for an anti-suit injunction
  • General points
  • Question 1
  • Question 2
  • Question 3—what order are you asking the court to make and why?
  • Order sought
  • Reasons for the order?
  • Question 4—Attaching the order
  • Question 5—Hearing
  • Question 6—Length of the hearing
  • more

Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings

General points

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)
PDF Format

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).

Question 1

Insert the name of your firm

Question 2

Tick ‘Legal Representative.

Insert the party you represent: Claimant or Defendant

Question 3—what order are you asking the court to make and why?

Order sought

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’

Reasons for the order?

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