What is a solicitor's undertaking?


Published by a ½Û×ÓÊÓƵ Practice Compliance expert
Practice notes

What is a solicitor's undertaking?


Published by a ½Û×ÓÊÓƵ Practice Compliance expert

Practice notes
imgtext

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.

This Practice Note explains what can constitute an undertaking. The court’s powers in relation to undertakings are explained in Practice Note: Undertakings and the court.

SRA definition

For the purpose of the SRA, an undertaking is:

  1. •

    a statement, given orally or in writing (whether or not it includes the word 'undertake' or 'undertaking')

  2. •

    to someone who reasonably places reliance on it

  3. •

    that you or a third party will do something or cause something to be done, or refrain from doing something

All these component parts must exist for an undertaking to arise.

Distinguishing undertakings from non-enforceable promises

Not every statement of intent or promise made by a solicitor is an undertaking. If this were the case, a promise to return a telephone call

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Misconduct definition
What does Misconduct mean?

The term to describe an act of misconduct by the employee.

Read more readmore

Popular documents

Is an undertaking binding and enforceable if given by a legally unqualified individual on behalf of their

Is an undertaking binding and enforceable if given by a legally unqualified individual on behalf of their law firm?The SRA Code of Conduct for Firms imposes an obligation on the firm to comply with all undertakings given by the firm within an agreed timescale—or if no timescale has been agreed,

What is a solicitor's undertaking?

What is a solicitor's undertaking?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:

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a