Cases - Oxy Electric v Zainuddin

Record details

Name

Oxy Electric v Zainuddin

Date

[1991]

Citation

1 WLR 115

Keywords

Party walls – defendant could not force the claimant to take on the risk of a cross-undertaking if it didn’t wish to do so

Summary

The claimant commenced proceedings for a final injunction to prevent a very substantial development (costing some £9m) going ahead. The claimant did not seek an interim injunction because it did not want to take the risk of having to give a cross-undertaking in damages. The defendant unsuccessfully attempted to strike out the claimant’s claim because of the claimant’s failure to offer a cross-undertaking in damages. The Court held, unsurprisingly, that the claimant was quite within its rights not to seek an interim injunction, and that that the defendant could not force the claimant to take on the risk of a cross-undertaking if it didn’t wish to do so.