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Comity and antisuit injunctions

Published online by Cambridge University Press:  01 November 1998

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Abstract

A fundamental tension underlies English law's approach to antisuit injunctions. Justice may warrant protecting a defendant from oppressive proceedings in a foreign forum by ordering the plaintiff to desist. But such relief challenges a foreign court's right to police its own process. How can the demands of justice and of comity be reconciled? When should concern for the one give way to respect for the other? Perhaps because antisuit relief reflects wider equitable principles, the prevention of injustice has long been the overriding imperative in such cases. But English courts are increasingly sensitive to the charge of chauvinism and respect for comity has become a real consideration in shaping their approach.

Type
Case and Comment
Copyright
© The Cambridge Law Journal and Contributors, 1998

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