Re Y, Court of Appeal 22.1.13
The Court of Appeal concluded that undertakings fall within the definition of 'measure' within Art 11 of the 1996 Hague Convention and can therefore be registered and declared enforceable under Art 24-26.
Whilst this is uncontroversial for countries who have undertakings as part of their domestic toolkit it does not address the situation of the country which does not recognise them. Because protective measures are to be enforced in accordance with the procedures of the enforcing state, if they have no means of enforcing undertakings they will not be capable of enforcement.
Further guidance on this issue will no doubt follow from one court or another.
