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Dear John

A cross-undertaking is not normally required in cases where D is unlikely to suffer any substantial loss, e.g. where C seeks to restrain D from objectionable personal conduct. But you are right to suggest that in a commercial setting like Apotex where the parties were disputing the ownership of an IP right, a cross-undertaking would normally be required. In Apotex itself, the pleadings seem to have been a bit of a mess, but as I understand things, a cross-undertaking was given by the claimant in the original action to the defendant company which would otherwise have sold the relevant product in the UK, but not to the Canadian manufacturers of the product, who were only joined to the proceedings late in the day, and for whose benefit the question referred to in my posting was litigated.

Best wishes
Charles

At 14:09 26/05/2006 -0400, you wrote:

On what basis was the injunction granted without the usual undertaking?

Are these cases common?