Enforcing The Undertaking In Damages – New Developments In Jersey

In  Morelli v Morelli, the Royal Court of Jersey has for the first time ruled on the mechanism and approach by which an undertaking in damages, given pursuant to ex parte injunctive proceedings, is to be enforced.

The court ultimately declined permission to enforce the undertaking in damages but has provided some useful guidance for practitioners and for those representing parties who become subject to injunctions granted by the Royal Court.

Background

The Plaintiffs obtained free-standing freezing injunctions in support of succession proceedings in Monaco. The injunctions bound the Defendants, who were the ultimate beneficial owners of a Jersey company called LBSI, and LBSI's corporate administrators (the "Parties Cited").