Question: What Happens If A Solicitor Breaches An Undertaking?

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..

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 solicitor’s undertaking?

‘ Thus the concept of an undertaking is defined very broadly to include promises made by a solicitor whether or not the noun itself is actually used. … The critical question is how the promise would reasonably have been understood by the recipient in the circumstances he received it.

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.

What is an undertaking in law UK?

An undertaking is “a promise given by one party to the Court, frequently of mandatory nature and relating to an obligation to the other party in proceedings.” Undertakings are a legally binding promise which carry severe consequences if breached.

Can a solicitor give an undertaking to an individual?

must be made by or on behalf of an individual solicitor or a firm; if by a firm, must be made in the course of practice BUT if by an individual can be made outside the course of practice if made by the individual as a solicitor or REL; must be made to someone who reasonably places reliance on it; and.

How do you draft 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 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.

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.

What does it mean to sign an undertaking?

In a finance or property law context, in some cases, an agreement or promise to do or provide something, or to refrain from doing or providing something, which is meant to be binding on the party giving the 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 letter of undertaking a contract?

A letter of undertaking is contractual in nature and failure to comply with it will result in a breach of obligation.

Who can give an undertaking in a law firm?

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.