Interim injunctions—cross-undertakings in damages — 2022
Published by a LexisNexis Dispute Resolution expert
Last updated on 10/08/2022

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

  • Interim injunctions—cross-undertakings in damages
  • What is the cross-undertaking in damages and when is it given?
  • Exceptions to the requirement of a cross-undertaking in damages
  • Evidence of the applicant’s ability to meet the cross-undertaking
  • Fortification of the cross-undertaking
  • For whose benefit is the cross-undertaking given?
  • Should the cross-undertaking be limited or unlimited in amount?
  • Variation of cross-undertakings
  • Requests to be released from cross-undertakings post-judgment in freezing order cases
  • Enforcement of the cross-undertaking in damages
  • More...

Interim injunctions—cross-undertakings in damages

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 particular, this Practice Note provides guidance on the undertaking in damages that must be given by an applicant seeking an interim injunction. For guidance on undertakings in interim injunctions generally, see Practice Note: Interim injunctions—undertakings.

What is the cross-undertaking in damages and when is it given?

Applicants for an interim injunction are required to give a particular undertaking to the court in all but a handful of circumstances. This undertaking is referred to by different names by the courts:

  1. ‘the usual undertaking’ (for example, Tucker v New Brunswick Trading Co of London at page 252)

  2. ‘undertaking as to damages’ (for example, Hoffmann-La Roche v Sos For Trade and Industry at page 1149)

  3. ‘cross-undertaking in damages’ (for example, Hone v Abbey Forwarding at para [27])

  4. simply ‘cross-undertaking’ (for example, Financial Services Authority v Sinaloa Gold plc at para [29])

Regardless of the precise name used, the reference is to an undertaking that, if the court later finds that the interim injunction had been wrongly granted and that the respondent suffered loss as a result, the applicant will comply with any order the court may

Related documents:
Key definition:
Injunction definition
What does Injunction mean?

A discretionary remedy that takes the form of a court order requiring a party to either refrain from doing something (prohibitory injunction) or to specifically do something (mandatory injunction). There are many different types of injunction and they may operate as an interim injunction or as a final injunction.

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