020 7246 6560 / info@hughmans.co.uk

A new reported case for Hughmans

14th June 2019

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.

More articles

Hughmans a top ranked firm

Hughmans is listed as a top ranked law firm by leading industry guides Chambers & Partners and The Legal 500. Chambers & Partners once again ranks the firm as a top criminal law firm in London. “Hughmans is a personality-driven firm, led by Peter Hughman, offering a dedicated and personal service. The team gets good […]

Read more

Hughmans sponsors Svalbard expedition

In 2016, Hughmans will be a sponsor of an expedition to Svalbard, a Norwegian archipelago in the Arctic ocean. The team from Oxford University will be retracing the footsteps of an expedition in 1923. The original expedition included Andrew Irvine who would later accompany George Mallory in his famous attempted ascent of Mount Everest. They […]

Read more

Hughmans Court of Appeal Success

Last week, the Court of Appeal delivered a favourable judgement on a point developed by Hughmans and Tim Owen QC. The case, in which Hughmans had acted for the Respondent prior to a change of representation, considered the issue of whether immunity attached to a Permanent Representative of the International Maritime Organisation for the purposes […]

Read more