Interim Injunctions - Enforcement of Undertakings to English CourtsPrior to granting a litigant an interim injunction, the court will usually require the applicant to give the Court an undertaking to pay damages to the defendant in the event that it eventuates that the injunction should not have been made. That undertaking may well be called upon by the defendant if the court determines that the applicant for interim relief was not entitled to the interim relief. Often it is this referred to as the 'usual undertaking' which presents a potentially unknown risk to an applicant.
Difference between Privity of Contract, Novation and Assignment under UK LawThe doctrine of privity of contract is the relationship that exists between parties to a contract. Only those parties to the contract are bound by it and are able to enforce the contractual obligations under the contract. The concepts of novation and assignment, although not exceptions to this rule, are contrary to the principles outlined in it and have developed to overcome restrictions imposed
