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
