header-logo header-logo

02 September 2022 / Tom Bedford
Issue: 7992 / Categories: Features , Profession , Insurance / reinsurance
printer mail-detail

Undertakings—manage your risks

92331
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
back-to-top-scroll