Anti-Suit Injunctions

Anti-suit injunctions are a form of interim injunction used to restrain a party from either commencing or continuing proceedings in a foreign court. As one might expect, this type of relief is rarely granted. However, this does not mean that judges are reluctant to grant it provided that – alongside other criteria – it is in the interest of justice to do so.

This article considers recent case law on the subject, in Jersey and other offshore jurisdictions.

Anti-suit injunctions – the principles

Four principles govern the grant of an anti-suit injunction:

1. The jurisdiction is to be exercised when the ends of justice require it (i.e., that justice does not require that the action should nevertheless be allowed to proceed in the foreign court¹).