Cross-undertaking in damages
Disputes & Litigation

A court will in most cases require a claimant to give a cross-undertaking in damages to the court prior to granting interim relief. The undertaking means that the claimant will be required to pay the damage caused to the defendant arising from the grant of the interim injunction, if it eventuates that the injunction should not have been ordered in the first place.

Interim injunctions are used to provide urgent relief to a claimant when it is being caused damage or is likely to be caused damage as a result of some conduct on the part of the defendant.

An interim injunction is sought prior to the hearing of the substantive dispute and is designed to provide temporary or transient relief to the claimant.