Anti Suit Injunction in UK Law

Leading Cases
  • Ecobank Transnational Incorporated v Mr Thierry Tanoh
    • Court of Appeal (Civil Division)
    • 17 December 2015

  • Airbus Industrie GIE v Patel
    • House of Lords
    • 02 April 1998

    I approach the matter as follows. As a general rule, before an anti-suit injunction can properly be granted by an English court to restrain a person from pursuing proceedings in a foreign jurisdiction in cases of the kind under consideration in the present case, comity requires that the English forum should have a sufficient interest in, or connection with, the matter in question to justify the indirect interference with the foreign court which an anti-suit injunction entails.

  • Donohue v Armco Inc. and Others
    • House of Lords
    • 13 December 2001

  • OT Africa Line Ltd v Magic Sportswear Corporation
    • Court of Appeal (Civil Division)
    • 13 June 2005

    As a broad proposition of law, an anti-suit injunction may be granted where it is oppressive or vexatious for a defendant to bring proceedings in a foreign jurisdiction but Société Nationale Industrielle Aerospatiale v Lee Kui Jak [1987] AC 871 emphasised that the mere fact that the English court refused a stay of English proceedings on the grounds of forum non conveniens did not itself justify the grant of an injunction to restrain foreign proceedings.

    Whatever country it is to the courts of which the parties have agreed to submit their disputes is the country to which comity is due. It is not a matter of an English court seeking to uphold and enforce references to its own courts; an English court will uphold and enforce references to the courts of whichever country the parties agree for the resolution of their disputes. This is to uphold party autonomy not to uphold the courts of any particular country.

  • Enka Insaat Ve Sanayi A.S. v OOO “Insurance Company Chubb”
    • Court of Appeal (Civil Division)
    • 29 April 2020

    The English court as the court of the seat of the arbitration is necessarily an appropriate court to grant an anti-suit injunction and questions of forum conveniens do not arise. It follows, therefore, that by the choice of English seat the parties agreed that the English Court is an appropriate court to exercise the power to grant an anti-suit injunction.

  • Turner v Grovit
    • House of Lords
    • 13 December 2001

    Under English law, a person has no right not to be sued in a particular forum, domestic or foreign, unless there is some specific factor which gives him that right. The applicant does not have to show that the contractual forum is more appropriate than any other; the parties' contractual agreement does that for him.

See all results
Legislation
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • January 01, 2000
    ... ... by subsection (1) is enforceable by injunction or, in Scotland, by an order for specific ... subsection (1) or (1A) is actionable at the suit of a person who suffers loss as a result of the ... of that Act, F3131and(F3132c) transferred EU anti-trust commitments or transferred EU anti-trust ... ...
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... of a communication is actionable at the suit or instance of—(a) the sender of the ... by the Secretary of State for an injunction, or for specific performance of a statutory duty ... under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (court review of ... ...
  • Crime and Courts Act 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... be actionable, at the Secretary of State's suit or instance, against the person in breach ... arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from ... of Justice Act 1985: section 53(2) (c) ,Anti-social Behaviour Act 2003: sections 13 and 26A to ... ...
  • Financial Services and Markets Act 2023
    • UK Non-devolved
    • January 01, 2023
    ... ... (a) (a) by injunction, or ... (b) (b) in Scotland, by interdict or by ... conferred by section 49 of the Sanctions and Anti-Money Laundering Act 2018 (power of appropriate ... of subsection (1) is actionable at the suit of a private person who suffers loss as a result ... ...
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT