Freezing injunctions—cross-undertakings and fortification
Freezing injunctions—cross-undertakings and fortification

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Freezing injunctions—cross-undertakings and fortification
  • What is fortification and when is it required?
  • An intelligent estimate of the likely amount of loss
  • Sufficient level of risk of loss
  • Causation
  • Other relevant matters
  • Examples of the application of these principles
  • Is it possible to contract out of the need to fortify a cross-undertaking?
  • Who can provide the fortification?
  • What form of fortification will be required?
  • More...

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance below.

In order for the court to grant a freezing injunction, it is necessary for the applicant to give certain undertakings (also known as cross-undertakings) in return. These undertakings are solemn promises made to the court about how the applicant will act if an injunction is granted in the terms sought. For detailed guidance on undertakings generally in interim injunctions, see Practice Note: Interim injunctions—undertakings. For guidance on the particular undertakings that will be included in an order for a freezing injunction, see Practice Note: Freezing injunctions—the draft order.

Probably the most important undertaking is what is known as the cross-undertaking in damages, whereby the applicant undertakes to comply with any order for damages that the court may make if the respondent suffers loss as a result of an injunction that the court decides was wrongly granted. This cross-undertaking is considered the ‘price’ of obtaining an interim injunction. For detailed guidance on the cross-undertaking in damages, including in the context of freezing injunctions, see Practice Note: Interim injunctions—cross-undertakings in damages.

In the context of freezing injunctions, particularly in complex commercial litigation cases where the assets to

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