Injunctive proceedings in England & Wales in support of US proceedings

The English Court may grant injunctions in support of US proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982 (extended by the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997) (the “Act”). This jurisdiction is in addition to the other ways in which the English Court can support proceedings in the US including by obtaining evidence and enforcing judgments.

The advantage of applying for injunctive relief under this provision is that substantive proceedings are not required in England, only a stand-alone application.

The Court must, however, be satisfied that: (1) the Claimant would have obtained relief if the substantive proceedings had been issued in England; and (2)
the fact that it only has jurisdiction to grant the injunction under section 25 of the Act does not make it inexpedient to grant injunctive relief.

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