Undetakings Flashcards

1
Q

what is an undertaking?

A

A type of promise - if solicitor makes a promise to do something, the person to whom that promise is made should be able to rely on the solicitor in fact doing so (integrity)

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2
Q

How can an undertaking be given and when should it completed?

A

-orally or in writing
- within an agreed timescale or within reasonable amount of time

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3
Q

Can a undertaking be withdrawn?

A

only by agreement

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4
Q

Can a undertaking made on a solicitors behalf by a member of staff?

A

Maybe

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5
Q

What is the breach of an undertaking?

A

Solicitor may be sued personally and will be in breach of the Code of Conduct for Solicitors and may be disciplined by SRA or SDT

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6
Q

Whats advised when solicitors gives an undertaking?

A

Maintain an effective system that records when undertaking given and when they have been discharged

(if oral do attendance note recording and confirm it in writing asap)

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7
Q

When would a solicitor use reasonable endeavours for an undertaking?

A

When the act is outside of the solicitor control, for example forwarding a document which is not in the solicitor’s possession

This will impose lesser obligation therefore recipient may choose not to accept

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8
Q

Is it possible for solicitor to give an undertaking on behalf of the client?

A

Yes, solicitor will have to expressly disclaim personal liability in very clear terms. However, unlikely to be accepted by the other party

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9
Q
A

Firms are required to carry indemnity insurance to cover such claims, but if the value of the claim exceeds the policy’s excess, the solicitor may be personally liable.

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10
Q

Which law firms cannot enforceable by the court for an undertakings?

A

Undertakings given by incorporated law practices, such as limited companies or LLPs, cannot be enforced against the practice by the court due to their separate legal entity status.

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11
Q

What can the aggrieved party do if undertaking is not enforceable by the court?

A

the redress for its breach will be a claim under contract, negligence or breach of statutory trust depending on the facts.

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12
Q

What happens if there is a breach of undertaking?

A

Is likely to be a breach of professional conduct.

However, given the court’s jurisdiction over solicitors concerning undertakings, the SRA does not usually investigate a breach of an undertaking given to the court itself, unless the court reported the matter to the SRA.

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13
Q

Can the LeO, SRA or SDT enforce the performance of an undertaking?

A

No, they can only investigate the matter and impose disciplinary sanctions

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