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4 Anti-Suit Injunctions: General Principles

Thomas Raphael

From: The Anti-Suit Injunction (2nd Edition)

Thomas Raphael QC

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 16 January 2021

Subject(s):
Injunctions to restrain proceedings abroad — Injunctions to restrain proceedings in England and Wales

This chapter presents the general principles governing the grant of an anti-suit injunction to restrain the pursuit of foreign court proceedings. The principles for the grant or refusal of an anti-suit injunction will be determined by English law. An anti-suit injunction, like any injunction, is a discretionary remedy and will only be granted if the court considers it is appropriate to do so in all the circumstances of the case. Within that general principle, an anti-suit injunction may be granted to protect a substantive legal or equitable right not to be sued abroad. Where no such substantive legal or equitable right exists, an anti-suit injunction will generally only be granted to restrain foreign proceedings that are or will be vexatious or oppressive. In exercising the power to grant an anti-suit injunction, regard must be had to the principle of comity.

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