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17 September 2021 / John Gould
Issue: 7948 / Categories: Features , Profession , Regulatory
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Can you still trust a solicitor to keep a promise?

57448
When is an undertaking not an undertaking? John Gould reports on the wake-up call sounded by the Supreme Court in Harcus

The Supreme Court’s decision in Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32, [2021] All ER (D) 87 (Jul) has caused something of a stir. Commentators have hurried into print to alert their readers to the risk that undertakings from incorporated law firms might not now be as gold-plated as they thought because the summary enforcement mechanism through the court which applies to individual solicitors as ‘officers of the court’ doesn’t extend to corporates.

The decision in Harcus highlights various issues, but is not, in fact, the earth-shattering event some have claimed.

The court’s lack of an inherent supervisory jurisdiction over corporate law firms has been pretty clear since the Court of Appeal’s judgment in Assaubayev v Michael Wilson & Partners Ltd [2014] EWCA Civ 1491, [2014] All ER (D) 239 (Nov). At the risk of a lack of humility,

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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