“The presumption of actual influence by a parent entity holding a controlling shareholding in its subsidiary arose even where that entity was constituted in the legal form of an economically inactive foundation for the purposes of imputing liability to the parent for a subsidiary’s infringing behaviour under article 101FEU of the FEU Treaty.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
“There was no general rule that the Financial Services Authority acting pursuant to a public duty should be required to give to the court a cross-undertaking in damages in favour of third parties affected by the obtaining of a freezing injunction under section 380(3) of the Financial Services and Markets Act 2000 and/or section 37(1) of the Senior Courts Act 1981.”
WLR Daily, 27th February 2013
Source: www.iclr.co.uk
“Bodies acting under a ‘public law duty’ do not need to cover losses incurred by third parties when they ‘freeze’ the assets of a company under investigation, the Supreme Court has confirmed.”
OUT-LAW.com, 28th February 2013
Source: www.out-law.com
“A Twitter user has promised to stop posting ‘fantasy information’ about an oil company on the site after the firm took legal action.”
The Guardian, 17th May 2012
Source: www.guardian.co.uk
“When obtaining an injunction the Financial Services Authority should not normally be required to give an undertaking in damages to third parties, beyond an undertaking to cover the costs incurred in complying with the injunction.”
WLR Daily, 18th october 2011
Source: www.iclr.co.uk
“Family lawyers have attacked the government’s plans to deny legal aid to domestic violence victims who accept ‘undertakings’ from an allegedly abusive partner.”
Law Society’s Gazette, 21st July 2011
Source: www.lawgazette.co.uk
Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd
Court of Appeal
“Where winding-up proceedings were brought against a company because its trading practices were ‘inherently objectionable’ under section 124A of the Insolvency Act 1986, as inserted by section 60(3) of the Companies Act 1989, it was open to the judge to dismiss the proceedings on the basis of assurances from the company that the objectionable features of its business model would be reformed.”
The Times, 18th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Zipher Ltd v Markem Systems Ltd and Another
Court of Appeal
“An offer of an undertaking by one party lapsed automatically when the court found in favour of the other side and the offer was not resurrected after a successful appeal.”
The Times, 27th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.
Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48
“An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal.”
WLR Daily, 11th February 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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