Matthew Jenkins acted for a Defendant in successful application at first instance to discharge an injunction for breach of the duty to provide full and frank disclosure and then on appeal in relation to issues concerning (i) fortification of cross-undertakings in damages and (ii) whether a litigant is entitled to appeal against an undertaking he has given. He instructed Nicholas Trompeter of Selborne chambers. On the latter point the Court gave judgment in the following terms:
“Absent extraordinary circumstances, I would hold that a claimant who gives an undertaking (even where it is given reluctantly in order to obtain the order sought) ought not to be entitled to pursue an appeal against that undertaking. Accordingly, I consider that Mr Trompeter’s general point is a good one. A litigant in that position is, of course, entitled to apply to be released from the undertaking (either unconditionally or on condition of offering a new undertaking). I consider that we should treat this appeal as amounting to an application to be released entirely from the undertaking. But as a general rule, such an application will not result in release unless there has been a change in circumstances since the undertaking was given.”
The judgment in the case has been reported here.