Undertaking as to Damages in UK Law

  • F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
    • House of Lords
    • 03 July 1974
    ... ... Walton J. on an undertaking given by the Appellants refused to grant an interim injunction but the ... contend that only on the giving of a satisfactory undertaking in damages ought an injunction to be granted. The grounds of their discontent were ... ...
  • SmithKline Beecham Plc v Apotex Europe Ltd
    • Court of Appeal (Civil Division)
    • 23 May 2006
    ... ... at trial, would result in no unquantifiable loss as the only damages that could be recovered would be assessed upon a reasonable royalty basis ... he could not be adequately compensated under the plaintiff's undertaking in damages if the uncertainty were resolved in the defendant's favour at ... ...
  • Cheltenham and Gloucester Building Society v Ricketts and Others
    • Court of Appeal (Civil Division)
    • 07 April 1993
    ... ... is necessary, however, to record that the order contained an undertaking given by the Building Society in these terms: ... 7 "To abide by any er which this court may make as to damages in case this court shall be of the opinion that the defendants or either ... ...
  • Richard John Hone and Others v Abbey Forwarding ((in Liquidation)) and Another
    • Court of Appeal (Civil Division)
    • 02 July 2014
    ... ... judge considered that Abbey should pay pursuant to the "cross-undertaking in damages" in that freezing order. I put the phrase "cross-undertaking in ... ...
  • Hubbard v Pitt
    • Court of Appeal (Civil Division)
    • 13 May 1975
    ... ... It is true that the plaintiffs will have to give an undertaking in damages, but that will be of no use to the defendants, seeing that they ... ...
  • American Cyanamid Company v Ethicon Ltd
    • House of Lords
    • 10 February 1975
    ... ... condition to the grant of Letters Patent or to require an undertaking so as to ensure that samples of the deposited strains would be made ... ...
  • Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment of Belize and another
    • Privy Council
    • 29 January 2004
    ... ... (1), the developer shall not commence or proceed with the undertaking. (3) Where a developer is required to supply further or additional ... as regards requiring or dispensing with a cross-undertaking in damages) in determining whether to grant relief? (3) Has ... ...
  • Fellowes & Son v Fisher
    • Court of Appeal (Civil Division)
    • 02 May 1975
    ... ... great disadvantages which could not be adequately compensated in damages. In all these it is permissible to consider the relative strength of each ... to assess the damages recoverable by the defendant upon the undertaking in damages. He would have lost a good job with excellent prospects. Even ... ...
  • Nicholas Anthony Christopher Candy and Others (Appellants /Defendants) v Mark Alan Holyoake and Another (Respondents / Claimants)
    • Court of Appeal (Civil Division)
    • 28 February 2017
    ... ... "the claimants") was satisfactory fortification of their cross-undertaking in damages given in relation to the modified notification injunction ... ...
  • Patel v W. H. Smith (Eziot) Ltd
    • Court of Appeal (Civil Division)
    • 28 January 1987
    ... ... As to Damages, I find that the Plaintiffs' undertaking as to Damages would probably not ... ...
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