Undertaking as to Damages in UK Law

  • 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
    • 577-592
    ... ... 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 ... ...
  • MODERN TRENDS IN COMMERCIAL LAW AND PRACTICE*
    • No. 41-1, January 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 ... ...
  • A FRESH LOOK AT PUNTON'S CASE
    • No. 43-3, May 1980
    • The Modern Law Review
    ... ... be required to give the ordinary under- taking as to damages as a condition of its being granted an interim injunction to ... The House held it inappropriate to require the undertaking in a case in which the injunction was designed to enforce ... ...
  • Cross‐border asset protection: an offshore perspective
    • No. 10-3, July 2003
    • Journal of Financial Crime
    • 229-245
    Considers the ability of an applicant to reach assets in offshore jurisdictions, showing that there is a difference between the offshore world and the rest of the world; most of the “traditional” o...
    ... ... undertakings in damages must be given, regard beinghad to the eect of the order once ... be speci®cally compensated for by the clai-mant in her undertaking as to damages. The approachis not without problems: the defendant who has ... ...
  • Enforcement of Planning Control
    • Contents
    • Planning Law. A Practitioner's Handbook
    • William Webster
    • 397-424
    ... ... There was a serious issue to be tried, and damages were not an adequate remedy. It was just and convenient in the ... trustees of a mosque and religious centre were held to their undertaking given almost seven years previously to submit a planning application for ... ...
  • Driving with the Handbrake On: Competition Class Actions under the Consumer Rights Act 2015
    • No. 79-3, May 2016
    • The Modern Law Review
    This paper examines the new class action procedure for competition cases established by the Consumer Rights Act 2015. It examines whether the legislation and the procedural rules for the Competitio...
    ... ... It permits opt-out damages actions to be brought directly by an (alleged) victim of a competition law ... damages award to the class, ie to aw ard damages without undertaking an assessment of damages recoverab le by each individual class member ... ...
  • A Proposal for a More Responsive Approach to the Regulation of Corporate Governance
    • No. 23-2, June 1995
    • Federal Law Review
    ... ... to contravention of listing rules not required to given undertaking as to damages). The role of the ASX as a "co-regulator" has been ... ...
  • Procurement
    • Construction Law. Volume I - Third Edition
    • Julian Bailey
    • 251-341
    ... ... ProCUrEMEnt ... (iii) Form of tender 306 (iv) Damages and other remedies 306 (v) no tendering contract 307 (vi) Withdrawal of ... the ground of rejection does not conlict with some binding undertaking or representation previously given by the customer to the tenderer, the ... ...
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