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20 June 2013 / Siobhan Jones , Caroline Shea KC
Issue: 7565 / Categories: Features , Property
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Things aren’t always what they seem

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When is an undertaking not an undertaking, ask Caroline Shea & Siobhan Jones

Undertakings make the legal world go round. Giving an undertaking to the court is a very serious matter, involving a party entering into a direct relationship with the court under which any conduct inconsistent with the undertaking is subject to the court’s discipline.

So weighty is the stuff of an undertaking that its breach is automatically characterised as a contempt of court, and so grievously is such conduct regarded that sanctions lie not merely in fines, but, if the contempt is serious enough and/or remains unpurged, in imprisonment.

Thus it is that both lawyers and the court go to great lengths to explain to the party offering the undertaking the nature of the obligation, and the consequences of breach. And thus it was that when Mr Salih, a business tenant of a fish and chip shop in Kent, gave his undertaking to the Dartford County Court in June 2007, the seriousness of the promise

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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