Question: Is There An Alternative To The Giving Of An Undertaking?

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..

Is an undertaking enforceable?

Undertakings drafted into contracts aren’t as a general rule enforceable. To have a party sign an undertaking that they will in effect adhere to the terms of the contract and not challenge them at a later stage is therefore not advisable.

Can only solicitors give undertakings?

You should only give an undertaking if you are duly authorised by your firm to do so. … When giving an undertaking, you must ensure your status and position within the firm are made clear to the recipient. Undertakings may not be accepted where they are not given by a solicitor.

Do undertakings have to be in writing?

The key problem with undertakings is that no particular formalities or specific words are needed to create one. They don’t even need to be written down.

What is breach of an undertaking?

Breach of undertaking/recognizance (bail) When a person is charged with a criminal offence and released from custody pending its disposition (bail), the person will be released subject to conditions. … Conditions are things that the accused must do or not do (depending on the condition) in order to stay out of custody.

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.

How do you make an undertaking?

The following are the guidelines for writing an undertaking letter: Include the exact terms of conditions and any other relevant information. Ensure that the letter is drafted in a formal tone. The matter must be unambiguous and short. Ensure that the letter is signed in good faith.

What happens if you break an undertaking?

To Do or Abstain From Doing It simply means that if you break the undertaking you will subjected to the below consequences: Contempt of Court. Imprisonment. Fine and/or assets seized.

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.

Can in house lawyers give undertakings?

The recent decision of the CAT, that in-house lawyers can give the same undertakings as external lawyers, highlights the discrepancy between the English national approach and the European approach.