Q&As

Can legal executives give undertakings and what should I say about this in my undertakings policy?

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Published on LexisPSL on 26/02/2016

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • Can legal executives give undertakings and what should I say about this in my undertakings policy?

From the Solicitors Regulation Authority’s (SRA) perspective, 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.

The court has an inherent jurisdiction to enforce an undertaking against a solic

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