The court considered the right to damages arising from the giving of an undertaking: ‘There is no contract and no tort. The right to damages, if any, stems only from the cross-undertaking’
Judges:
Jacob J
Citations:
[1999] RPC 705
Jurisdiction:
England and Wales
Cited by:
Cited – Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 01 May 2022; Ref: scu.242616