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12 June 2008 / Jonathan Pratt
Issue: 7325 / Categories: Features , Public , Procedure & practice , Profession
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Misleading evidence

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

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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