Letter to client about cross—undertaking in damages and statement of truth
Letter to client about cross—undertaking in damages and statement of truth

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

  • Letter to client about cross—undertaking in damages and statement of truth
  • Your proposed injunction: cross-undertaking in damages
  • [Statement of truth
  • Statement of truth

Private & confidential

[Insert name and address of client]

[Insert date]

Dear [Insert name of client]

[Insert case heading and claim number if appropriate]

Your proposed injunction: cross-undertaking in damages

I refer to my letter of today’s date in which I advise you about the injunctive relief I recommend you seek from [insert name of other party]. The purpose of this letter is to address the need for a cross-undertaking in damages together with the need for the supporting witness statement to contain a statement of truth.

Cross-undertaking in damages

By countersigning this letter, you are [on behalf of [insert client name]] confirming:

  1. 1

    your understanding that the court will ask [you OR [insert client name]], as applicant, to give a cross-undertaking in damages in the event that it turns out that the injunction should not have been granted, for example, if relevant information was not provided to the court during the application

  2. 2

    that [you OR [insert client name]] undertake to compensate [insert name of other party] for any losses they suffer as a result of the injunction if [you OR [insert client name]] fail to establish a case against [insert name of other party] at trial

  3. 3

    your understanding that if