Undertaking as to Damages in UK Law

  • 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 ... ...
  • Insurance And Reinsurance - 8 March, 2013
    • Mondaq United Kingdom
    ... ... on whether the FSA should be required to give the normal cross-undertaking to third parties on a freezing order application ... usually have to give a standard form of undertaking to pay any damages sustained by either the respondent to the application or any third party ... ...
  • Exceptional Circumstances Required To Prevent Bank From Paying Under Letter Of Credit
    • Mondaq United Kingdom
    ... ... any damage it suffered as a result of the injunction by the undertaking in damages given by the CEB. On that basis, the Judge concluded that the ... ...
  • Thin Ice ' Freezing Assets Across Jurisdictions
    • Mondaq UK
    ... ... not put into place ... The applicant must provide an undertaking as to damages to ... compensate the respondent if it is decided that the ... ...
  • HFW Ports & Terminals Update - May 2010
    • Mondaq United Kingdom
    ... ... available to unsuccessful bidders were previously limited to a damages claim. Under the new Regulations, claimants are able to challenge the ... injunction, and should not be required to grant a cross undertaking as to damages ... There are likely to be negotiations between ... ...
  • Freezing Injunctions in Fraud Cases - Recent Cases
    • Mondaq United Kingdom
    ... ... third parties amenable to the English jurisdiction (the usual undertaking as to damages was not deemed adequate) and the need to clarify the Derby ... ...
  • Evolving Private Remedies For Competition Infringements In Europe: Class Actions In The U.K.
    • Mondaq UK
    ... ... through Europe's national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private ... an interim injunction is sought, will be able to satisfy any undertaking as to damages required by the Tribunal. 2. Collective Settlement ... ...
  • See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT