Independent contributor
5 Contributions by Independent contributor Experts
PRACTICE NOTES
This Practice Note sets out guidance on bringing an application for an anti-suit injunction, covering the test the court will adopt in such cases, along with matters to weigh carefully both beforehand and at the point of issue. For an explanation of what an anti-suit injunction is and the circumstances in which such relief is generally available, see Practice Note: Anti-suit injunctions—principles. An application for an anti-suit injunction engages procedural requirements that are common to all applications for an interim injunction. For general assistance on pursuing an interim injunction application, see Practice Notes:
Interim injunctions—on notice applications
Interim injunctions—without notice applications
The sections below draw attention, in outline, to particular features of the procedure that are specific to an application for anti-suit relief. What follows is intended as a supplement to, rather than a replacement for, the broader guidance mentioned above. References to the courts of
Dispute Resolution
PRACTICE NOTES
This Practice Note reviews the former bar, while the UK was an EU member, on awarding anti-suit injunctions over proceedings in another EU Member State, and sets out the post-Brexit position, now that the UK is a third state to the EU. Please note that the Court of Justice of the European Union is referred to as the Court of Justice.
Definitions
anti-suit injunctions — orders made by a court preventing a party from commencing or continuing proceedings in another country. For detailed guidance on the meaning of an anti-suit injunction, see Practice Note: Anti-suit injunctions—principles
Brussels I (recast) — Regulation (EU) 1215/2012
Withdrawal Agreement — has the meaning in section 39(1) of the European Union (Withdrawal Agreement) Act 2020: the agreement between the UK and the EU under Article 50(2) of the Treaty on European Union setting out the
Dispute Resolution
PRACTICE NOTES
This Practice Note considers anti-suit injunctions
This Practice Note reviews anti-suit injunctions, a species of injunctive relief deployed to prevent a party from starting or pursuing court proceedings, whether at the outset or mid‑course. It outlines what an anti-suit injunction entails and the jurisdiction of the courts to issue such orders. It also examines the grounds on which this relief may properly be declined or allowed. Further, it addresses the consequences of breaching an anti-suit injunction, as well as the influence of foreign anti-suit orders on litigation before the courts of England and Wales.
For guidance on:
bringing an application for an anti-suit injunction, see Practice Note: Anti-suit injunctions—making an application
anti-suit injunctions and the EU, see Practice Note: Anti-suit injunctions and EU court proceedings—pre and post Brexit
anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration (England and
Dispute Resolution
PRACTICE NOTES
This Practice Note outlines the ways to effect service of a claim form or other documents beyond the jurisdiction. For England and Wales, it identifies the applicable CPR provisions and the key points that must be assessed. There are several possible routes for serving out of the jurisdiction. This Practice Note gives an overview of those options and flags matters to consider when deciding which route to adopt. It does not address issues of jurisdiction or whether the court’s permission is needed before serving documents abroad. Those questions must be resolved in advance, with reference to the following Practice Notes: Cross-border service—a guide for dispute resolution practitioners and Cross-border service—is permission required to serve a defendant who is outside England and Wales?
Practical considerations
Cross-border service is intricate and may involve delays. It is vital to be fully acquainted with the relevant CPR rules and the
Dispute Resolution
PRACTICE NOTES
Practice Note: negative declarations
This Practice Note examines negative declarations. It first addresses what a negative declaration entails, then the High Court’s jurisdiction to grant one. It next outlines the court’s approach, sets out the principles guiding the decision whether to grant such relief, and offers guidance on making an application for a negative declaration.
What is a negative declaration?
A declaration is, in essence, a formal statement issued by the court at a party’s request. This may concern the parties’ rights in a dispute, whether certain facts exist, or a rule of law. For general guidance on declarations, see Practice Note: Declaratory relief. A negative declaration is the declaratory remedy expressed in negative terms. It is an uncommon form of relief because it effectively flips the parties’ conventional positions. As noted by Lord Woolf in the Court of Appeal in
Dispute Resolution
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