header-logo header-logo

Misleading evidence

12 June 2008 / Jonathan Pratt
Issue: 7325 / Categories: Features , Public , Procedure & practice , Profession
printer mail-detail

A cross undertaking in damages can prove costly, says Jonathan Pratt

The purpose of a cross undertaking in damages is to compensate the subject of an interim injunction for losses suffered if it subsequently transpires that the injunction was wrongly obtained. The recent case of Iman Said Abdul Aziz Al-Rawas v Pegasus Energy Limited [2008] EWHC 617 (QB), [2008] All ER (D) 102 (Apr) is an interesting example of how that compensation is calculated and how the failure by an applicant to give full and frank disclosure in a without notice application can affect the assessment of damages.

Orders Discharged

The applicant obtained a freezing order and a search and seizure order in the High Court in support of proceedings she had brought in the Supreme Court of Mauritius. Both orders were subsequently discharged on their merits.

The judge also found that the witness statements made in support of the without notice applications contained serious and material non-disclosure and that this in itself would have justified the discharge of the orders. The Court of Appeal dismissed an application for permission to appeal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll