Source: All England Reporter
Publisher Citation: [2014] All ER (D) 236 (Jan)
Neutral Citation: [2014] EWHC 113 (Comm)
Court: Queen's Bench Division, Commercial Court

Blair J

Representation Roger Masefield QC and Joanna Box (instructed by Eversheds LLP) for the claimant.
  Tom Weisselberg (instructed by Mishcon de Reya LLP) for the defendants.
Judgment Dates: 31 January 2014


Damages - Apportionment - Enquiry as to damages - Proceedings concerning dispute between parties as to ownership of Indian companies - English court granting injunction - Claimant giving cross-undertaking in damages in support of injunction - Defendants making order for inquiry as to damages allegedly suffered as result of injunction - Whether order for inquiry to be made.

The Case

Damages Apportionment. In the course of a dispute about the ownership of certain Indian companies, the defendants applied for an order for an inquiry as to damages under a cross-undertaking in damages given by the claimant in support of an injunction made by the English court. The Commercial Court held that, on the evidence, the claimant had not succeeded in showing that the loss allegedly suffered by the defendants had not been caused by the injunction, and therefore the application would be allowed and an inquiry would be ordered.

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