Injunction Damages Due to Third Parties

 Injunction Damages Due to Third Parties
SmithKline Beecham plc and others v Apotex Europe Ltd and others
[2006] EWCA Civ 658
CA
23 May 2006
Daily Law Notes Report Summary
Cross-undertakings as to damages given to the court by a claimant
on the grant of an interim injunction provided no basis for a
non-party who subsequently applied to be joined as a defendant,
but was not a defendant when the injunction was granted, to have a
claim in restitution in respect of benefits which had accrued to
the claimant. The undertakings had been given to the court, not as
between the parties. It followed that any claim for third party
losses failed and also that inter-partes estoppel could not affect
the scope of the order.