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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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