Drafting note for application for anti-enforcement injunction
Produced in partnership with Mr Tom Montagu-Smith, QC

The following Dispute Resolution precedent produced in partnership with Mr Tom Montagu-Smith, QC provides comprehensive and up to date legal information covering:

  • Drafting note for application for anti-enforcement injunction

Drafting note for application for anti-enforcement injunction

General points

Anti-enforcement injunctions are rare and therefore it is important to determine whether this type of injunction is potentially available. This Precedent should be read in conjunction with Practice Note: Anti-enforcement injunctions which provides guidance when making an application and Practice Notes: Anti-enforcement injunctions—Anti-enforcement injunctions and EU court judgments and Anti-enforcement injunctions—Anti-enforcement injunctions and the Lugano Convention 2007.

An application for an anti-enforcement injunction is made using court form N244 or N244 (CC) if the matter is in the Commercial Court.

These Drafting Notes are for use in completing Form N244. Differences may apply if completing N244 (CC).

Application notice (Form N244)

The form should be completed 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 is being represented. 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: Anti-enforcement order. 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. A summary

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