Question: Is An Undertaking Enforceable?

What does it mean to be released on an undertaking?

If you’ve been charged with an offence, you may have signed an Undertaking when being released by police.

An Undertaking is a document created by either a court or the police that places the person being charged with an offence under certain conditions..

What is another word for undertaking?

SYNONYMS FOR undertaking 2 project, endeavor, job, effort, venture.

What is a written undertaking?

A Written Undertaking is a means of obtaining evidence that a person has agreed to do or not do something.

What happens when you breach an undertaking?

A breach of an undertaking can be punished as contempt of court with a fine or imprisonment, but the respondent cannot be arrested immediately for such a breach.

Undertakings are a common part of the Court process, and are defined as a legal promise to do, or not do, something. It is a promise to the Court, and if you break it there are ways that it can be enforced.

Should I accept an undertaking?

Undertakings are a fundamental part of the practice of a solicitor and their importance cannot be stated too strongly. It is essential that they be observed whenever they are given and so should only be given when it is clearly possible for them to be honoured.

How long does a court undertaking last?

6 monthsAn Undertaking will be for a fixed period of time, usually 6 months. Undertakings, when offered by a Respondent, are done so on the basis that no admissions of the allegations are made and no Finding of Fact against a Respondent in relation to allegations is made by the Court.

Who can provide an undertaking?

Undertakings are given on behalf of the firm and not an individual. You should only give an undertaking if you are duly authorised by your firm to do so. If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings.

Is an undertaking legally binding?

An undertaking is a promise to the Court. An undertaking to the Court is as binding as an Order of the Court. For example, where a person gives an undertaking that they will take a certain action, the Court will require that person to take that action as if the Court itself had ordered the person to take the action.

How do you enforce a solicitor’s undertaking?

Enforcing an undertaking First, disciplinary proceedings can be brought against the solicitor. In more serious cases, this would be by the Solicitors Regulation Authority (SRA) bringing disciplinary proceedings in the Solicitors Disciplinary Tribunal.

What is undertaking of a company?

The word ‘Undertaking’ has been defined as ‘any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade’. The business or undertaking of the Company must be distinguished from the properties belonging to the company.

What is payment undertaking?

A payment undertaking would transfer the risk from an insolvency of the exporter to a risk on the issuing bank. The issuing bank would be liable to pay the importer if the exporter fails to perform its part of the contract (subject to the terms of the guarantee or bond).

Can you overtake on a slip road?

RE: Slip Road Etiquette The simple answer is, if in doubt don’t. If you can overtake without interfering with traffic behind you do it, if you are going to cause them to have to brake don’t. Yes, you may have to wait a while but not as long as you will wait if you cause a crash.

Why is undertaking dangerous?

Undertaking. Undertaking is bad driving practice. This is when you pass a slower vehicle in front of you on the left rather than the right. When we are learning to drive, we are taught not to undertake, and what’s more, if you are caught undertaking you can be penalised for careless driving.

What does fail to comply with undertaking mean?

Failure to Comply (with Recognizance or Undertaking) is a commonly laid offence which often results in jail time upon conviction. It is an offence against the Administration of Justice to violate a supervisory order that has been imposed pending a criminal charge.

How does an undertaking work?

In some circumstances, it is appropriate to give an ‘undertaking’ to act or not to act in a particular way. An undertaking is a means by which you promise to do something, but it is a legally binding promise and there are consequences in the event that you break it.

What undertaking means?

1a : the act of one who undertakes or engages in a project or business. b : the business of an undertaker. 2 : something undertaken : enterprise. 3 : pledge, guarantee.