Raphael QC on Petter v EMC: anti-suit injunctions and comity

Readers may be interested in a recent article on anti-suit injunctions written by 20 Essex Street’s Thomas Raphael QC.   The article, published in the LMCLQ, comments on the Court of Appeal’s controversial decision in Petter v EMC [2015] EWCA Civ 828, [2016] lLPr 6.

As the article exposes, the English court’s case law on anti-suit injunctions has become inconsistent and is in danger of failing to respect comity. The article stands back and takes a high level view of the fundamental principles which are necessary to give international legitimacy to the remedy.

The article makes for interesting reading and is highly recommended.   It has already been cited before the courts on three occasions.

The reference for the full text of the article, based on and developed from Tom’s lecture to Combar in December 2015, is [2016] LMCLQ 256.  Tom is also the author of the standard work on anti-suit injunctions: “The Anti-Suit Injunction” published by OUP.