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6 Injunctions in Relation to Proceedings in England and Wales

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, 2015. All Rights Reserved.date: 21 September 2020

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

This chapter examines the power of granting injunctions in relation to English proceedings. Injunctions to restrain the pursuit of court proceedings within the jurisdiction were granted with some frequency in the immediate aftermath of the Judicature Acts. However, in modern times, the practice has become rare, with the exception of the special case of injunctions in the context of insolvency. Nevertheless, the power to grant anti-suit injunctions in respect of English proceedings continues to exist and can be exercised in appropriate situations. The power to restrain proceedings before another court or an arbitration tribunal in England by injunction appears to be exercised under section 37(1) of the Supreme Court Act 1981. In certain cases, the injunction has been viewed as granted under the court's ‘inherent jurisdiction’ to prevent an abuse of its process, but it is suggested this is an unnecessary complication.

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