header-logo header-logo

28 May 2010
Issue: 7419 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll