Drafting note for application for anti-enforcement injunction
Drafting note for application for anti-enforcement injunction

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

  • Drafting note for application for anti-enforcement injunction
  • General points
  • Question 1—Name
  • Question 2—party bringing the application
  • Question 3—the order sought
  • What is the order?
  • What are your reasons for the order?
  • Question 4—Proposed 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.

Note: this drafting note is for use in completing Form N244. Differences may apply if completing N244 (CC).

Application notice (Form N244)
PDF Format

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).

Question 1—Name

Insert the name of your law firm.

Question 2—party bringing the application

Tick the box for Legal Representative.

The second box asks who you represent. Suggested wording: ‘Claimant.’

Question 3—the order sought

What is the order?

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’

What are your 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