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02 September 2022 / Tom Bedford
Issue: 7992 / Categories: Features , Profession , Insurance / reinsurance
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Undertakings—manage your risks

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Tom Bedford looks at the impact of Harcus Sinclair on solicitors’ undertakings
  • Covers Harcus Sinclair and its impact on solicitors’ undertakings.
  • Looks at problems and potential solutions to fact only individual solicitors and not incorporated bodies can give a binding undertaking.

Solicitors’ undertakings are rightly often a source of nervousness for practitioners. No solicitor would ever want to be in breach of an undertaking they have given, particularly if that undertaking binds them personally.

There are three main ways in which an undertaking can be enforced:

  • through an action using the High Court’s inherent jurisdiction over solicitors;
  • through civil proceedings for specific performance or compensation. This can be more difficult and costly; and
  • by means of a report to the Solicitors Regulation Authority whose powers can be used to compel compliance with an undertaking, not by making an order to force compliance but through the use of sanctions.

It is the first of these enforcement routes, which is often the quickest and most effective way to secure compliance, that

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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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