Undertaking as to Damages in UK Law

Leading Cases
  • F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
    • House of Lords
    • 03 Jul 1974

    The assessment is made upon the same basis as damages for breach of contract would be assessed if the undertaking had been a contract between the plaintiff and the defendant, that the plaintiff would not prevent the defendant from doing that which he was restrained from doing by the terms of the injunction.

  • Cheltenham and Gloucester Building Society v Ricketts and Others
    • Court of Appeal (Civil Division)
    • 07 Abr 1993

    (1) Save in special cases an undertaking as to damages is the price which the person asking for an interlocutory injunction has to pay for its grant. The Court cannot compel an applicant to give an undertaking but it can refuse to grant an injunction unless he does.

    (2) The undertaking, though described as an undertaking as to damages, does not found any cause of action. It does, however, enable the party enjoined to apply to the Court for compensation if it is subsequently established that the interlocutory injunction should not have been granted.

    The practice of requiring an undertaking in damages from the applicant for such an injunction as the price for its grant was originated by the Court of Chancery as an adjunct to the equitable remedy of an injunction. The order might subsequently prove to have been wrongly made but in the meantime the respondent by reason of compliance with the injunction may have suffered serious loss from which he will not be compensated by the relief sought in the proceedings.

  • Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd
    • House of Lords
    • 25 Jun 1992

    On the contrary, I read them as dismantling an old Crown privilege and substituting for it a principle upon which, in certain limited circumstances, the court has a discretion whether or not to require an undertaking in damages from the Crown as law enforcer. The principle appears to be related not to the Crown as such but to the Crown when performing a particular function.

  • Barratt Manchester Ltd v Bolton Metropolitan Borough Council
    • Court of Appeal (Civil Division)
    • 16 Oct 1997

    Since there is no cause of action there is no period of limitation either; but the cross-undertaking cannot be enforced without the leave of the Court, which may be withheld if not applied for promptly: see Smith v Day (1882) 21 Ch.D. 421; Re Wood ex parte Hall (1883) 23 Ch.D. 644 As those cases show, the Court does not inquire whether the other party has been prejudiced by the delay. The only question is whether the applicant has behaved with reasonable despatch.

  • Re Southbourne Sheet Metal Company Ltd
    • Court of Appeal (Civil Division)
    • 09 Jul 1992

    Mr Heslop's principal submission is that applications of this kind, being brought in the public interest, are outside the ordinary rule. I accept the premise of that submission, but reject the conclusion. The Crown or a local authority must take its chance on costs, just like any other litigant in these courts.

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Legislation
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... . . (a) claiming damages;. . . (b) seeking specific performance;. . . (c) seeking an order for ... . (2) "Guarantee" here means an undertaking to the consumer given without extra charge by a person acting in the ......
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... (2) In the underlying provision "small business" means an undertaking other than a micro business (see subsection (3)) which meets the following ... or member of staff of the exempt person, is to be liable in damages for anything done, or omitted to be done, for the purposes of or in ......
  • The Competition Appeal Tribunal Rules 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... "CPR" means the Civil Procedure Rules 1998(  8 ); . "damages" means any sum of money (other than costs or expenses) which may be ... "undertaking as to damages" means an undertaking to pay damages which a person sustains ......
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... Labour market enforcement undertakings Labour market enforcement undertakings . S-14 . Power to request LME ... . . is not liable for damages in proceedings for judicial review or the tort of negligence or ......
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Books & Journal Articles
  • Civil Enforcement as a Regulatory Device — An Analysis of Administrative and Civil Enforcement under the Financial Services Act 1986
    • Núm. 3-4, Febrero 1996
    • Journal of Financial Crime
    • 319-333
    It has been commented that the topic of enforcement needs little introduction ‘since it is readily apparent that the imposition of the [then] new regulatory structure will prove to be a largely fut...
    ......, Lomnicka27 submits that nothing in the nature of punitive damages or the triple damage favoured in the United States is possible under s. 6. ...Undertakings by the plaintiff Another important issue that arose in Pantell (No. 1) was ......
  • Management of Electronic Crime: Civil Aspects of Prevention and Containment
    • Núm. 6-1, Marzo 1998
    • Journal of Financial Crime
    • 53-62
    The purpose of this paper is to identify a number of civil considerations which may accompany electronic crime. Economic crime committed through electronic means may give rise to potential civil cl...
    ...... the balance of convenience lies will involve con-sidering whether damages would be insufficient compensation (for example, where the con-tinued ...The applicant must give an undertaking to comply with any order for damages made against it as a result of any ......
  • The Extinguishing of Contract
    • Núm. 67-5, Septiembre 2004
    • The Modern Law Review
    ...... damag es, and wha t we must no w regar d as ‘restitu tionary damages ’ 3 were a warded . As we shall see , Lane by no means clari¢es the ... the building of the fourth house (a nd gavethe appropriate undertaking as to damages) ‘is some indica- tion of her determination ’ [para ......
  • MODERN TRENDS IN COMMERCIAL LAW AND PRACTICE*
    • Núm. 41-1, Enero 1978
    • The Modern Law Review
    ...... suggested in MiZiangos, but extends to claims for damages for breach of contract. Thirdly, the Court of Appeal has ... at any time on short notice, quite apart from the undertaking as to damages which the plaintiffs must give in the event ......
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Law Firm Commentaries
  • Assessment of damages under a cross-undertaking
    • JD Supra United Kingdom
    The enforcement of a cross-undertaking in damages, provided by a claimant in order to obtain a freezing injunction against a defendant, can mean a substantial liability for a claimant. This ruling ...
  • January 2016: U.K. Competition/Antitrust Litigation Update
    • JD Supra United Kingdom
    The new Competition Appeal Tribunal Fast-Track Procedure for Small-and Medium-Sized Enterprises. On October 1, 2015, significant competition law reforms took effect in the United Kingdom under the ...
    ...... a new fast-track procedure (“FTP”) for competition damages claims brought before the Competition Appeal Tribunal ("CAT"). ... interim injunction without requiring (or by capping) a cross undertaking as to damages. . Types of claims that may be allocated to the ......
  • (Re)Insurance Weekly Update 27 - 2015
    • Mondaq UK
    ...... Court of Appeal considers the Misrepresentation Act 1967 and damages in lieu of rescission/avoidance. ... issued? Is it appropriate to consider granting an order on an undertaking to issue and serve proceedings forthwith? Is there sufficient urgency to ......
  • A Summary Of Recent Developments In Insurance, Reinsurance And Litigation Law - 18/11
    • Mondaq United Kingdom
    ...... Landmark Brickwork v Sutcliffe. Adequacy of cross-undertaking in damages. http://www.bailii.org/ew/cases/EWHC/QB/2011/1239.html. ......
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