Hughes v Clewley [1996] JLR 24 (25 January 1996)
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.
- Citation
- [1996] JLR 24
- Parties
- Applicant: Hughes; Respondent: Clewley
- Jurisdiction
- Jersey
- Judgment Date
- 25 January 1996
- Procedural Posture
- Injunction / Interlocutory
- Outcome
- clarification of principle
- Legal Topics
- Interlocutory Injunction, Undertaking in Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Hughes
Applicant
Clewley
Respondent
Procedural Posture
Injunction / Interlocutory
Legal Issues
- 1 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
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
Full Case Text
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