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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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Forbes Solicitors—Stephen Barnfield

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Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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