Jersey Judgment

Hughes v Clewley [1996] JLR 24 (25 January 1996)

Civil Procedure Interlocutory Injunction Undertaking in Damages

Citation: [1996] JLR 24
Status: Judgment
Jurisdiction: Jersey
Posture: Injunction / Interlocutory

More details

Posture: Injunction / Interlocutory

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

An undertaking in damages is normally required for interim injunctions, but if not given, it cannot be implied after the fact because it must be given voluntarily.

Court disposition

clarification of principle

Material facts

Parties

Hughes

Applicant

Clewley

Respondent

Procedural history

Posture

Injunction / Interlocutory

Questions and positions

Legal issues

Whether an undertaking in damages is required from a party seeking an interim injunction and whether such an undertaking can be implied if not expressly given

Party arguments

Applicant: Applicant sought an interlocutory injunction without providing an undertaking in damages.
Respondent: Respondent challenged the absence of an undertaking in damages.

Court’s reasoning

Legal principles

01
[1996] JLR 24

It is normal to require an undertaking in damages from a party seeking an interim injunction, but if not given, it may not be implied ex post facto as the undertaking is to be given voluntarily.

Ratio, limits and disposition

Ratio decidendi

An undertaking in damages is normally required for interim injunctions, but if not given, it cannot be implied after the fact because it must be given voluntarily.

Court disposition

clarification of principle

Source and reliance status

Official court record

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[1996] JLR 24

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

DONATE ] Jersey Law Reports You are here:

BAILII >> Databases >> Jersey Law Reports >> Hughes v Clewley [1996] JLR 24 (25 January 1996) URL: https://www.bailii.org/je/cases/JLR/1996/JLR960024.html Cite as: [1996] JLR 24 [ New search ] [ Help ] Hughes v Clewley 1996 JLR 24 (25 January 1996) Injunctions - interlocutory injunction - undertaking in damages - normal to require undertaking from party seeking interim injunction but if not given, may not imply ex post facto since undertaking to be given voluntarily The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1996 JLR 24 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1996/JLR960024.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

[1996] JLR 24

Case cited

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.