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.
Note: this drafting note is for use in completing Form N244. Differences may apply if completing N244 (CC).
Application notice (Form N244)
The form should be filled in with the details of the court proceedings eg the title of the claim and claim number (CPR PD 23A, para 2.1).
Insert the name of your law firm.
Tick the box for Legal Representative.
The second box asks who you represent. Suggested wording: ‘Claimant.’
It should not be necessary to reproduce the entirety of the order sought, so long as the draft is appended to the application notice.
Suggested 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
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