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28 May 2010
Issue: 7419 / Categories: Case law , Law digest
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Civil procedure

Re Bloomsbury Int Ltd and others v Holyoake and others [2010] EWHC 1150 (Ch), [2010] All ER (D) 207 (May)

While a cross-undertaking would always be included in a coercive or restraining order (other than in cases brought by the Crown to enforce the law or to perform a public duty) there was no rule that an injunction would never be granted or continued if the cross-undertaking was of no real value.

The course to be taken was the course which would involve the least risk of ultimate injustice. In cases where the company had brought the claim, it might and often would be right to require the undertaking to be fortified by some amount, either by a personal undertaking from administrators or from elsewhere. It might be right that the administrators should give some undertaking albeit limited in amount. It was material to make a realistic, intelligent, estimate of the harm which the defendant might suffer; such an assessment should be limited to an enquiry as to whether there was a risk of loss. In the case

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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