In a judgment handed down on 27 February 2013, the Supreme Court dismissed an appeal brought by Barclays Bank plc, confirming that, as a general rule, the FSA is not required to provide a cross-undertaking for losses (distinguished from costs or expenses) suffered by third parties as a result of freezing injunctions obtained by the FSA under its FSMA powers. The Court acknowledged, however, that such undertakings might be required in special circumstances.