5 Non-Contractual Anti-Suit Injunctions

Subject(s):

Injunctions to restrain proceedings abroad — Injunctions to restrain proceedings in England and Wales — Non-contractual anti-suit injunctions

This chapter explores the cases in which non-contractual anti-suit injunctions have been sought in respect of proceedings abroad. A distinction needs to be drawn between ‘alternative forum’ and ‘single forum’ cases, although it is never absolute. In an alternative forum case, the claim which is being made in the foreign action could be heard either in England or abroad, or in both jurisdictions. The possible claims in the competing jurisdictions do not need to be identical, provided that they are substantially similar. In contrast, in a single forum case, the foreign claim could only be brought in the foreign country and no similar claim could be brought in England. To fall within this category, the foreign claims must be materially different to possible claims in England.