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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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