Anti-Suit Injunctions from the English Courts

There can be significant tactical advantages in ensuring that cross-border litigation takes place in the country of your choice. Many litigants feel that they can obtain an advantage (be it legal, linguistic or even political) by bringing proceedings in their home country.

Anti-suit injunctions restrain a person or company from starting or pursuing proceedings outside of England¹. The injunction is directed against the person or company (rather than the foreign court) and a breach of an anti-suit injunction amounts to a contempt of court and could lead to a fine or even the arrest of an individual. The English courts can also refuse to recognise or enforce a judgment obtained in breach of an injunction on public policy grounds. Injunctions can be granted on either an interlocutory or final basis.