Case Alert - [2017] EWHC 2465 (QB)
Court accepts that it can order an unlimited cross-undertaking
in damages in return for a freezing order
The judge in this case agreed that a freezing injunction against
one of the defendants should continue. However, that defendant
asked that maintaining the injunction should be made conditional on
a further unlimited undertaking (to meet any loss or damages which
the defendant might suffer if it turns out that the injunction was
wrongly granted). A cross-undertaking of £125,000 had already
been provided by the claimant.
The judge accepted that it is possible for the court to order an
unlimited undertaking in damages: "In my judgment the court
may require, as a condition for granting or continuing an
injunction, that the cross-undertaking given by the applicant is
fortified by the provision by someone other than the applicant of
an unlimited, or a limited, undertaking, or by the making of some
other form of limited provision,
