Anti-suit injunctions—principles


Produced in partnership with Camilla Macpherson of Independent contributor
Practice notes

Anti-suit injunctions—principles


Produced in partnership with Camilla Macpherson of Independent contributor

Practice notes
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This Practice Note considers anti-suit Injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an injunction. It then explores the basis on which an anti-suit injunction may be refused or granted. It considers the effect of a breach of an anti-suit injunction as well as the impact of foreign anti-suit injunctions on proceedings in the courts of England and Wales. Single forum anti-suit injunctions are also explained.

For guidance on:

  1. •

    making an application for an anti-suit injunction, see Practice Note: Anti-suit injunctions—making an application

  2. •

    anti-suit injunctions and the EU, see Practice Note: Anti-suit injunctions and EU court proceedings—pre and post Brexit

  3. •

    anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration (England and Wales)

Different considerations apply when dealing with the following:

  1. •

    an anti-Enforcement injunction to restrain a judgment creditor from taking proceedings to enforce a judgment. For guidance, see Practice Note:

Camilla Macpherson
Camilla Macpherson

Independent contributor

From 2019 to 2024, Camilla Macpherson was Head of Secretariat of P.R.I.M.E. Finance, a foundation based in The Hague which seeks to foster greater financial market stability and increased confidence in global finance.
 
Camilla previously practised international arbitration and litigation at Allen & Overy in London and Amsterdam, focusing on complex, high value cross-border disputes, many involving co-ordination of cross-jurisdictional proceedings and project management on a global scale. She was also previously DLA Piper’s Head of Knowledge Management, DLA Piper’s dedicated Brexit Counsel, and Legal Counsel at the Permanent Court of Arbitration in The Hague.
 
Camilla is a Fellow of the Chartered Institute of Arbitrators, a member of the Law Society’s Arbitration Working Group, a former member of the Law Society’s International Committee and a practising solicitor in England & Wales with Solicitors’ Higher Rights of Audience.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Injunction definition
What does Injunction mean?

A discretionary remedy whereby the court orders a defendant to do (mandatory injunction), or refrain from doing (prohibitory injunction) something.

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