header-logo header-logo

Solicitor’s undertaking

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

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

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll