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4 Ancillary Measures

Adrian Briggs

From: Private International Law in English Courts 2e (2nd Edition)

Prof Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Claims for damages and anti-suit injunctions — Injunctions to restrain proceedings — Serving proceedings — Taking evidence — Freezing orders

This chapter deals with and explains a number of procedural mechanisms which are designed to smooth the path to an effective trial, as well as with one which is designed to prevent a foreign court from conducting a trial. A claimant may need assistance in serving process on a defendant overseas or in obtaining evidence from a witness who is overseas, and the English court may be able to invoke the provisions of an international convention (but no longer the assistance of a European Regulation) to procure it. Where the defendant or witness is in a state not party to such a convention, the powers of the court are significantly reduced. The international power of an English court to make orders for the preservation of assets, to pave the way for the claimant to enforce a judgment which has not yet been given, is examined. The international power of an English court to issue an anti-suit injunction, which orders a respondent to not invoke the jurisdiction of a foreign court or to discontinue proceedings before a foreign court, is examined, with particular attention given to the doctrinal basis for such a dramatic intervention. The power of a court to order compensation for a claimant who was wrongly brought before a foreign court is explained and defended.

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