Smith v Day
| Jurisdiction | England & Wales |
| Date | 1880 |
| Year | 1880 |
| Court | Chancery Division |
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14 cases
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Sunseekers Pte Ltd v Joshua
... ... The plaintiffs have now appealed against the decision of the Assistant registrar. In his grounds of decision, the assistant registrar appeared to have accepted the principle governing the measure of damages as stated by Cotton LJ in Smith v Day (1882) 21 Ch D 421 at p 430 as follows: ... the damages must be confined to loss which is the natural consequence of the injunction under the circumstances of which the party obtaining the injunction has notice ... The assistant registrar also asked himself the question ... ...
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Dalton Yap v Union Bank of Jamaica Ltd
...damages will always be a live issue in equity in circumstances where an undertaking is in issue as so much depends on conduct. See Smith v Day (1882) 21 Ch.D 421 per Esher, L.J. 427–428. The pertinent evidence in the context of the motions is the affidavit of Mr. Christopher Dunkley, the ju......
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Z Ltd v A-Z and AA-LL
...reasonably incurred. If the defendant or third party could have reduced it by taking reasonable steps, it is his duty to do so, see Smith v. Day (1882) 21 Chancery Division 421; Allen v. Jambo Holdings Ltd. (1980) 1 Weekly Law Reports at page 1256 57 Tenth, Discovery 58In order to make a Ma......
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R v Aaron Leonard Goodman
...that the plaintiff would not prevent the defendant from doing that which he was restrained from doing by the terms of the injunction: see Smith v. Day (1882) 21 Ch.D. 421per Brett L.J., at p427.” The passage shows that the first issue is whether the undertaking should be enforced. That deci......
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