What is a cross undertaking?
Cross-undertakings are “designed to mitigate the risk of leaving a person restrained by an injunction unprotected in respect of loss caused by it when the underlying claim subsequently fails”.
What is an interim prohibitory injunction?
A prohibitory injunction is an order that requires a party to refrain from doing a specific act. When there is a negative stipulation, breach may be restrained by injunction. It also provides an overview of the procedure for applying for and enforcing an interim injunction.
What is an undertaking in an injunction?
When bringing an interlocutory injunction, the moving party must typically give an undertaking as to damages, meaning if that party ultimately loses at trial, it may be forced to pay the damages incurred by the other party as a result of the injunction.
What are interim injunctions?
Related Content. A provisional measure sought during legal proceedings, before trial. An injunction is an order of the court that requires a party either to do a specific act, or to refrain from doing a specific act. Interim injunctions are intended to prevent injustice pending trial.
What is the meaning of interlocutory injunction?
From Longman Business DictionaryRelated topics: Law interlocutory injunction /ɪnʒʌˌlɒkjətəri ɪnˈdɜɑŋkʃən-təˌlɑːkjətɔːri-/ British English an injunction made during the course of a trial, that lasts only until the end of the trial → injunction.
What is an undertaking as to damages?
When a court grants an interlocutory injunction in your favour to stop another party from doing something, it will usually ask you for ‘an undertaking as to damages’. This is where you agree to compensate the other party if the injunction is eventually overturned.
How long does an interim injunction last?
Therefore, it only lasts for a few days or weeks, depending on how long it takes to schedule the final hearing. In the final hearing, the judge can grant a final injunction. Depending on the circumstances, the duration will usually be one to two years. However, in more extreme circumstances, it can last indefinitely.
Is interim injunction and temporary injunction same?
Temporary injunctions A temporary or interim injuction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further orders of the court. It is regulated under the provision of Order 39 of and may be granted at any stage of the suit.
What is the difference between an undertaking and an injunction?
In practical terms, the only difference between an undertaking and an order is that you cannot have a Power of Arrest attached to an undertaking. If a Power of Arrest is attached to an injunction order then a Police Officer may arrest if he has reasonable grounds to believe that the injunction order has been breached.
What is the cross undertaking as to damages?
A cross-undertaking in damages is a legally binding promise to the court to compensate the respondent to an injunction for any loss or damage they might suffer if the interim injunction is granted at the initial hearing, but is later found to be improper at the final hearing. Why is a Cross Undertaking Required?
When can interim injunction be granted?
Temporary Injunction: The temporary Injunction is been granted by the Court when the Defendant is about to the make some injury to the property of the Plaintiff or threatens the Plaintiff to dispossess the property or creates a thirty party interest in the property, then in such situation, the Court may grant a …
Are interim and interlocutory injunction the same?
Interim Injunction This type of injunction is granted for a short period of time typically until the hearing of a motion for similar interlocutory relief. In any event, the interim order will only have effect until a further order has been made by the court at which time it will expire.
What is the purpose of an interim injunction?
An injunction is an order of the court that requires a party either to do a specific act, or to refrain from doing a specific act. Interim injunctions are intended to prevent injustice pending trial. They are one of the interim remedies that may be granted by the court under CPR 25.1.
When is an injunction unlikely to be granted?
An injunction is unlikely to be granted if there is any delay which cannot be satisfactorily explained. Contempt of court. A party who deliberately disobeys an injunction will be in contempt of court. Similarly, a third party with notice of the injunction, which assists a party to disobey it, may also be in contempt.
What does a cross undertaking in damages mean?
What is a Cross Undertaking in Damages? A cross-undertaking in damages is a legally binding promise to the court to compensate the respondent to an injunction for any loss or damage they might suffer if the interim injunction is granted at the initial hearing, but is later found to be improper at the final hearing.
When do I need to fortify a cross-undertaking?
Although the cross-undertaking itself is normally not subject to a financial limit, if an applicant for an interim injunction is not able to show evidence of sufficient assets within the jurisdiction to provide substance to the undertakings given, it may be required to reinforce (‘fortify’) its undertakings by providing security [1].