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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Civil liability - Injunctions

89: Undertaking as to damages not required by AML/CFT supervisor

You could also call this:

"The court doesn't make AML/CFT supervisors promise to pay damages when asking for a special order."

Illustration for Anti-Money Laundering and Countering Financing of Terrorism Act 2009

If you are an AML/CFT supervisor and you ask the High Court for an interim injunction, the court cannot make you promise to pay damages as a condition of getting the injunction. When the court is deciding whether to give you the injunction, it must not consider that you do not have to promise to pay damages. The court will make its decision based on other factors.

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Part 3Enforcement
Civil liability: Injunctions

89Undertaking as to damages not required by AML/CFT supervisor

  1. If the relevant AML/CFT supervisor applies to the High Court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the AML/CFT supervisor to give an undertaking as to damages.

  2. However, in determining the AML/CFT supervisor’s application for the grant of an interim injunction, the court must not take into account that the AML/CFT supervisor is not required to give an undertaking as to damages.