Anti-enforcement injunctions


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes

Anti-enforcement injunctions


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
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This Practice Note looks at the use of anti-enforcement injunctions, also known as anti-enforcement orders. This is a form of injunctive relief available at common law. Such injunctions prohibit the party who has obtained a judgment (or arbitral award) from enforcing it and are available, for example, where the party has acted in breach of contract or a fiduciary duty or violates principles of public policy.

For illustrative decisions as to the court’s approach, see Practice Note: Anti-enforcement injunctions—illustrative decisions.

Anti-enforcement injunctions are not available in relation to those EU court judgments which are subject to the transition provisions set out in the Withdrawal Agreement between the UK and the EU. For guidance, see: Anti-enforcement injunctions and EU court judgments below.

What is an anti-enforcement injunction?

An anti-enforcement injunction is an equitable remedy which is aimed at restraining a party from enforcing a foreign court order or foreign judgment.

The grant of anti-enforcement injunctions by the English courts has, for a long time, been relatively rare. The Court of Appeal in Ecobank Transnational Incorporated v Tanoh (2015) recognised

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Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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