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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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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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