Heads of Terms – A Binding Contract?

In the recent case of Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2023], the Court of Appeal held that the Heads of Terms in this case did not constitute a binding contract. Facts of the case The appellant, Pretoria Energy Company (Pretoria) operate anaerobic digestion plants which produce biogas and electricity from organic…

Insolvency Practitioners and Cross-Undertakings

What are cross-undertakings? A cross-undertaking in damages is a legally binding promise to the court by the applicant to compensate the respondent to an injunction for any loss or damage it might suffer if the interim injunction is later discharged. The ‘default position’ Although the courts cannot force an applicant to give an undertaking, the court’s…