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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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