The Master of the Rolls discussed undertakings given to support injunctions: ‘. that it was unfortunate that the undertaking in damages was not put into the original order. It was an automatic undertaking which was invariably inserted when an interim injunction was granted. If afterwards at the trial there was shown to be no right to the injunction the plaintiff would have to pay damages as the price of getting the interim injunction. Undoubtedly the failure to include the undertaking came within the slip rule. The undertaking should be inserted.’
Citations:
Times 18-Mar-1975
Jurisdiction:
England and Wales
Cited by:
Cited – Smithkline Beecham Plc and others v Apotex Europe Ltd and others PatC 26-Jul-2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions.
Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 11 June 2022; Ref: scu.231209