WebFeb 7, 2024 · (3) Proceedings are ‘prohibitively expensive’ if their likely costs, including any court fees payable by the applicant and the amount of any cross-undertaking in damages, and having regard to any limit under Part 45 on a party’s maximum costs liability, either – (a) exceed the financial resources of the applicant; or Websimply ‘cross-undertaking’ (for example, Financial Services Authority v Sinaloa Gold plc at para [29]) Regardless of the precise name used, the reference is to an undertaking that, …
Cross-border transfer of undertakings Publication - CMS
WebRelated to Undercrossing. Crossing means the construction, operation, repair, or maintenance of a facility over, under, or across a railroad right-of-way by a public … WebFinally, where the court grants an interim injunction, UK courts may require the applicant to give a cross-undertaking in damages, which means the applicant would pay damages to the injuncted party for losses caused if the injunction is later deemed to have been wrongly granted. In Scotland, the court would be granting an interim interdict. うお座 英語 発音
Mourant: Law Firm Fortification of Cross-Undertakings in …
WebApr 1, 2013 · This 'cross-undertaking as to damages' can be enforced against the applicant if it is later shown that the injunction should not have been granted or if the applicant fails to establish its rights at the trial. The applicant will usually have to provide evidence that it can comply with this undertaking financially if it is enforced and may be ... WebJun 8, 2024 · In a marked shift from previous first instance decisions, the Court of Appeal has provided guidance on the circumstances in which a defendant seeking security for costs may be required to provide a cross-undertaking in damages: Mr Nigel Rowe & Ors v Ingenious Media Holdings & Ors [2024] EWCA Civ 29. The court held that cross … WebMay 25, 2024 · A cross-undertaking reallocates the risk inherent in funding litigation. It would therefore be an exceptional departure from the general principle that the costs or … うお座 見た目