GIVING AN UNDERTAKING AS TO DAMAGES WHEN OBTAINING AN INJUNCTION: REMEMBER IT CAN COME BACK TO BITE (AND SOMETIMES BITE HARD…)

When a party obtains an injunction they, usually, have to give an undertaking as to damages.  There are now a number of cases where litigants have been found liable to pay damages as a result of that undertaking. We have an example here.  The judge rejected the claimant's argument that its actions d...