Emailgen Systems Corp v Exclaimer Ltd & Anor

Emailgen Systems Corp v Exclaimer Ltd & Anor

Exclaimer cannot be released from its undertaking to provide security unless it shows good cause, typically a significant change of circumstances, which has not been established; the application for the injunction was disposed of by the undertaking, precluding arguments that the injunction ought never to have been granted.

Parties
Applicant: Emailgen Systems Corporation; Respondent: Exclaimer Limited; Respondent: Andrew Millington
Jurisdiction
England and Wales
Judgment Date
07 February 2013
Procedural Posture
Application / Ruling on Application to Release From Undertaking
Outcome
Application dismissed
Legal Topics
Freezing Orders, Undertakings, Consent Orders, Security for Costs, Full and Frank Disclosure, Change of Circumstances
Civil Procedure Injunctions International Civil Litigation Freezing Orders Undertakings Consent Orders Security for Costs Full and Frank Disclosure +1 more

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Parties

Emailgen Systems Corporation

Applicant

Exclaimer Limited

Respondent

Andrew Millington

Respondent

Procedural Posture

Application / Ruling on Application to Release From Undertaking

Legal Issues

  1. 1 Whether Exclaimer can be released from its undertaking to provide security under a Consent Order
  2. 2 Whether there is good cause or significant change of circumstances to justify release from the undertaking

Ratio Decidendi

Exclaimer cannot be released from its undertaking to provide security unless it shows good cause, typically a significant change of circumstances, which has not been established; the application for the injunction was disposed of by the undertaking, precluding arguments that the injunction ought never to have been granted.

Court Disposition

Application dismissed

Orders

  • Exclaimer's application for release from its undertaking is dismissed.
  • Costs reserved.