header-logo header-logo

13 August 2009
Issue: 7382 / Categories: Case law , Law digest
printer mail-detail

Solicitor’s undertaking

Clark and another v Lucas Solicitors LLP [2009] EWHC 1952 (Ch), [2009] All ER (D) 11 (Aug)

Clark and another v Lucas Solicitors LLP [2009] EWHC 1952 (Ch), [2009] All ER (D) 11 (Aug)

In the absence of evidence that an undertaking was impossible to perform, performance of the undertaking would usually be required.

However, where there was an impossibility or it was otherwise inappropriate to order the undertaking to be performed, the court could exercise its discretion to order the solicitor to compensate for the loss caused by the breach of undertaking.

The fact that the undertaking required a third party to do an act did not preclude the court from exercising its supervisory jurisdiction, but it was a factor to be considered by the court in determining whether or not to exercise its discretion.

An undertaking could be performed by the payment of a cheque, albeit a larger one than might have been payable had enquiries been made and agreement reached at the appropriate time.

Issue: 7382 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll