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U – Undertakings


19/4/23

HUNT (PROVISIONAL LIQUIDATOR OF BLACK CAPITAL) v UBHI [2023] EWCA Civ 417

A judge had been wrong to continue a freezing order in circumstances where the applicant, the  provisional liquidator of an insolvent partnership, had only given a cross-undertaking in damages limited to the net realisable value of the unpledged assets of the partnership.


15/5/20

STANDING v POWER [2020] EWHC 1173 (Ch)

Reviews principles to be applied in considering whether to order fortification of a cross-undertaking in damages supporting the grant of an interim injunction [35].  The court must make “an intelligent estimate of the likely amount of the loss”, the applicant must show a sufficient level of risk to require fortification (which is synonymous with showing a good arguable case to that effect) and only loss caused by the grant of the injunction is relevant.  On the facts, the test had not been satisfied.


31/1/14

MALHOTRA v MALHOTRA [2014] EWHC 113 (Comm)

Inquiry as to damages ordered on discharge of injunction.  Damages were not irrecoverable on the cross-undertaking as being reflective of losses of a company. 


24/1/14

ASTRAZENECA AB v KRKA, d.d. NOVO MESTO [2014] EWHC 84 (Pat)

Considers assessment of damages on cross-undertaking when injunction withdrawn by consent.


27/2/13

THE FINANCIAL SERVICES AUTHORITY v  SINALOA GOLD PLC [2013] UKSC 11, [2013] Bus LR 302

The FSA is not required to give a cross-undertaking in damages when applying for a freezing injunction under s 380(3) FSMA 2000 or s 37(1) Senior Courts Act 1981.


7/2/13

EMAILGEN SYSTEMS CORP v EXCLAIMER LTD [2013] EWHC 167 (Comm)

An undertaking given to dispose of an application for a freezing order can only be relaxed or modified of there is good cause, normally involving a change of circumstances making continuation of the undertaking unnecessary or oppressive.