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 Julio 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 Abril 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.

    (b) The Court may determine that the undertaking should be enforced but then direct an enquiry as to damages in which issues of causation and quantum will have to be considered. In the light of the decision of the Court of Appeal in Norwest Holst Civil Engineering Ltd. v. Polysius Ltd. (unreported) (23 July 1987) the Court should not order an enquiry as to damages and at the same time leave open for the tribunal at the enquiry to determine whether or not the undertaking should be enforced.

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

    Although entitled to apply to enforce the cross-undertaking, he has no legal right to its enforcement or to damages: see Cheltenham & Gloucester Building Society v Ricketts [1993] 1 WLR 1545. Any loss which he may have sustained is occasioned, not by a legal wrong, but in consequence of an order of the Court. 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.

  • Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd
    • House of Lords
    • 25 Junio 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.

  • Re Southbourne Sheet Metal Company Ltd
    • Court of Appeal (Civil Division)
    • 09 Julio 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
  • The Concession Contracts Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... (4) In this regulation— ... (a) (a) “public undertaking” means any undertaking over which contracting authorities may exercise, ... 2016 59 which led to early termination of that prior contract, damages or other comparable sanctions; ... (g) (g) where the economic ... ...
  • The Competition Appeal Tribunal Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... damages means any sum of money ... undertaking as to damages means an ... ...
  • The Payment Services Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... ), 120 (guidance), 121 (FCA's exemption from liability in damages) and 147 (duty to co-operate and exchange of information); ... “ parent undertaking ” has the same meaning as in the ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... Where a candidate or tenderer, or an undertaking related to a candidate or tenderer ... contract, which led to early termination of that prior contract, damages or other comparable sanctions; ... ...
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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
    • No. 3-4, February 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 ... 1) was that no undertaking as to damages was required of the SIB. Normally when a plaintiff seeks an ... ...
  • Management of Electronic Crime: Civil Aspects of Prevention and Containment
    • No. 6-1, March 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 ... ...
  • Enforcement of Planning Control
    • Part VI. Elements of planning law
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 485-500
    ... ... fit (which may include terms requiring the LPA to give an undertaking as to damages or any other matter) order that the notice shall have ... ...
  • The Extinguishing of Contract
    • No. 67-5, September 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 ... ...
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Law Firm Commentaries
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Forms
  • General form of injunction for interim application or originating application
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... The Claimant gave an undertaking (through his counsel or solicitor) promising to pay any damages ... ...
  • Apply for an interim possession order for a property
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... to pay such damages as the court may order ... before the claim for possession is finally ... I understand the undertaking(s) I have given, and that if I break any ... of my promises to the court I ... ...
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