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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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