2 The History of an Unusual Remedy

Subject(s):

Injunctions to restrain proceedings in England and Wales — Jurisdiction under the Common Law Rules — Common law recognition

This chapter traces the history of the anti-suit injunction, which is marked by confusion and dissent over the central tests to be satisfied in order for an injunction to be granted; and over the underlying basis of the injunction. This history remains important, as the conflicts have not always been neatly resolved and the older decisions can be a treacherous guide to the modern law, unless their historical context is understood. The anti-suit injunction originally evolved from the ‘common injunction’, by which the English Court of Chancery had restrained litigants before the English common law courts from obtaining judgments which were contrary to the principles of equity. Once established, the anti-suit injunction has given English courts a powerful tool to protect their own jurisdiction, and to enforce their own perceptions of justice on transnational litigation.