Quick Answer: What Is An Undertaking?

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.

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 is payment undertaking?

The payment undertaking is generally issued by a reputable bank (however, it can also be issued by an insurance company or a surety company). In turn, the exporter undertakes to place the issuing bank in funds should the bank have to make any payments under the payment 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.

What does it mean to give an undertaking?

An undertaking is a legal promise to the court. This can be either to complete an action or to prevent an action taking place. For example giving an undertaking to pay the mortgage payments monthly on the family home.

Is an undertaking legally binding?

An enforceable undertaking is a legally binding agreement between us and the person who proposed the undertaking. The person is obliged to carry out the specific activities outlined in the undertaking.

What happens if someone breaches an undertaking?

An undertaking is no more than a promise (made to the court) by the perpetrator to refrain from further domestic and family violence. … Unlike a breach of a protection order, a breach of an undertaking is not a criminal offence and is unenforceable (although it may be considered by the court an act of contempt).

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.

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.

Why is undertaking dangerous?

Hogging the middle lane can ultimately cause more congestion. This is because over-taking traffic will have one less lane in order to pass you – especially as undertaking, although not strictly illegal, isn’t advised as it is very dangerous to do on British roads.

What happens if an undertaking is broken?

This is a promise given to the court. Once an undertaking has been given it has the same effect as a court order. … This means if it is broken then it will be contempt of court and an application can be made for committal to prison.