There is no prohibition on anyone giving an undertaking, but you need to ensure that you are authorised by your employer to give an undertaking. If you are so authorised, you must not hold it out to be a solicitors’ undertaking, and ensure that you are clear as to your status.
Who can give a legal undertaking?
Undertakings are given on behalf of the firm and not an individual. You should only give an undertaking if you are duly authorised by your firm to do so. If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings.
Can a law firm give an undertaking?
A solicitor’s undertaking is a commitment by a solicitor to do something, cause something to be done or abstain from doing something. It can be given orally or in writing and does not have to include the word “undertake” or “undertaking”. The benefiting party must reasonably place reliance on it.
Can a solicitor give an undertaking to an individual?
Clearly the purpose of seeking the individual undertaking is to make that individual solicitor personally liable. A solicitor will need to satisfy themselves that the undertaking is clear as to its wording (as it will be construed against the giver) and that they are able to control its performance.
Can a solicitor give an undertaking for a client?
An undertaking is a commitment by a solicitor to do something. It can be enforced against the solicitor by the courts. Failure to comply with an undertaking can also be professional misconduct leading to disciplinary action by the SRA or SDT. See Practice Note: Undertakings and the SRA 2019.
Is there an alternative to an undertaking?
In short, recipients, particularly lenders, will need to be more careful to ensure that the undertakings are properly binding on the entity. As an alternative, the recipient could insist that any undertaking is given personally by a solicitor within the organisation. This may be a simpler and more effective solution.
Are undertakings enforceable?
Enforceable undertakings are undertakings given to us (and accepted by us) which are enforceable in a court. They are generally accepted by us as an alternative to civil or administrative action where there has been a contravention of the legislation we administer.
Can you sue for breach of an undertaking?
Civil court proceedings can be brought for failure to discharge a binding undertaking. This is generally pleaded as a breach of contract claim. The remedies sought can include specific performance and/or damages.
When should a solicitor give an undertaking?
An undertaking by a solicitor to do something. The undertaking should only be given if it is within the solicitor’s power to perform the task required by the undertaking. Breach of a solicitor’s undertaking is a matter of professional misconduct.
Do undertakings need to be witnessed?
Undertakings are a fundamental part of the practice of a solicitor and their importance cannot be stated too strongly. It is essential that they be observed whenever they are given and so should only be given when it is clearly possible for them to be honoured.
Who can give an undertaking SRA?
Professional obligation to perform undertakings
The SRA imposes an obligation on solicitors, Registered European Lawyers (RELs), Registered Foreign Lawyers (RFLs) and the firm itself to perform all undertakings they give.
What is a breach of undertaking?
Breaching a Form 10 Undertaking is an Offence often called “fail to comply” Agreeing to abide by the conditions of an undertaking is a serious matter. If you are found to be breaching the terms, you can be charged with the criminal offence of fail to comply aka breach of undertaking.
How do I make a legal undertaking?
Breaking it down into its constituent elements, an undertaking:
- must be a statement – which can either be oral or in writing but which does not have to include the words “undertake” or “undertaking”;
- must be made by or on behalf of an individual solicitor or a firm;
What are legal undertakings?
An undertaking is “a promise given by one party to the Court, frequently of mandatory nature and relating to an obligation to the other party in proceedings.” Undertakings are a legally binding promise which carry severe consequences if breached.
Can you assign an undertaking?
The recipient of an undertaking cannot assign the benefit of that undertaking without the consent of the person giving the undertaking. There is no statute of limitation on the enforcement of an undertaking.
What does undertakings mean in law?
In a finance or property law context, in some cases, an agreement or promise to do or provide something, or to refrain from doing or providing something, which is meant to be binding on the party giving the undertaking.