CL-2025-000380 - [2025] EWHC 2462 (Comm)

As I have already stated, in order to obtain an interim ASI on a contractual or derived rights (or, as it is sometimes put, quasi-contractual) basis, the claimant must show a “high degree of probability” that there is an exclusive forum agreement which applies to the subject-matter of the claim in the proceedings sought to be enjoined.

In this case, the Croda Parties seek relief which is both prohibitory and mandatory in form. In general, mandatory orders are more likely to be irreversible in their effects than prohibitory orders, and this is a relevant factor when considering whether to grant an ASI in mandatory terms.