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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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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