Example sentences of "an undertaking [prep] [noun pl] [prep] " in BNC.
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| 1 | Second , be very wary of any type of action where you are likely to be required to give an undertaking on costs to the court . |
| 2 | A.G. v. Secretary of State for Trade and Industry [ 1975 ] A.C. 295 , he held that , since the council was engaged in law enforcement duties , he had a discretion whether or not to require the council to give an undertaking in damages as a prerequisite of the grant of an interlocutory injunction , and he decided to exercise that discretion against requiring such an undertaking . |
| 3 | Previously , it had been generally accepted that the requirement of an undertaking in damages as a condition of the grant of an interlocutory injunction did not apply in the case of the Crown . |
| 4 | It does not however follow that , in the present case , the council should be obliged to give an undertaking in damages as a condition of the grant of an injunction restraining Wickes from acting in breach of section 47 . |
| 5 | It followed that the House had to consider afresh the principles upon which the court ought to exercise its discretion whether to require an undertaking in damages from the Crown . |
| 6 | ‘ I agree therefore with all your Lordships that the practice of exacting an undertaking in damages from the Crown as a condition of the grant of an interlocutory injunction in this type of law enforcement action ought not to be applied as a matter of course , as it should be in actions between subject and subject , in relator actions , and in actions by the Crown to enforce or to protect its proprietary or contractual rights . |
| 7 | It was decided that , in the circumstances of that case , the discretion should be so exercised as not to require an undertaking in damages from the Crown . |
| 8 | In reaching that conclusion , he was much influenced by the fact that , in a relator action brought to enforce public rights or public law , it is accepted practice , where the relator is a local authority , to require an undertaking in damages from the local authority as in the case of any other relator . |
| 9 | On the contrary , I read them as dismantling an old Crown privilege and substituting for it a principle upon which , in certain limited circumstances , the court has a discretion whether or not to require an undertaking in damages from the Crown as law enforcer . |
| 10 | But the considerations which persuaded this House to hold that there was a discretion whether or not to require an undertaking in damages from the Crown in a law enforcement action are equally applicable to cases in which some other public authority is charged with the enforcement of the law : see e.g. Lord Reid , at p. 341g , Lord Morris of Borth-y-Gest , at p. 352c , and Lord Cross of Chelsea , at p. 371b–g . |
| 11 | The conclusion of the majority of the Court of Appeal was that the court was bound by Community law to require an undertaking in damages from the council if an interlocutory injunction was to be granted . |
| 12 | also concluded that the court was required to protect rights conferred by Community law ; and in the circumstances he concluded that the exercise of the judge 's discretion against requiring an undertaking in damages from the council could not be justified ( see pp. 1004–1005 ) . |
| 13 | It is against that background that I return to the conclusion of the majority of the Court of Appeal that the mere fact that Wickes might be able to advance such an argument founded upon article 30 , which was at least not a groundless argument , compelled the Court of Appeal to require an undertaking in damages from the council . |
| 14 | He submitted that , if a national court is considering whether to grant an interlocutory injunction in a case such as the present , where the validity of the law sought to be enforced is challenged by the defendant on the ground that it is inconsistent with Community law , the question whether the court should require an undertaking in damages from the plaintiff as a condition of the grant of an injunction is to be decided on the principles applicable to that question under the national law , being a question of procedure which , on established principles of Community law , is left to the national law . |
| 15 | He could also have taken into account , if he was aware of it , that the effect of requiring an undertaking in damages from the council would be to cause the collapse of the law enforcement process in this area of law ; and further that the enforcement of the law was not merely desirable as such in the public interest , but that small retailers could well suffer if large retailers such as Wickes were able to continue to trade with impunity during a significant period in contravention of what might well prove to be a perfectly valid law . |
| 16 | It appears that no council feels able to give an undertaking in damages in cases of this kind , because of the possible serious impact upon their limited financial resources . |
| 17 | [ 1991 ] 3 W.L.R. 985 , 994G concluded that the discretionary power not to require an undertaking in damages in a law enforcement action was ‘ a privilege of the Crown alone . ’ |
| 18 | The essential question is whether the court 's discretion to require an undertaking in damages in law enforcement actions is confined to cases in which the Crown is plaintiff , or should be held to apply to other public authorities exercising the function of law enforcement in the circumstances specified in the Hoffmann-La Roche case . |