The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:
An undertaking is:
a statement, given orally or in writing (whether or not it includes the word 'undertake' or 'undertaking')
made by or on behalf of you or your firm in the course of practice, or by you outside the course of practice but as a solicitor (or REL)
to someone who reasonably places reliance on it
that you or your firm 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.
In the vast majority of cases it will be obvious whether an undertaking has been given. Not every statement of intent or promise made by a solicitor is an undertaking. If this were the case, then a promise to return a telephone call could be said to be an enforceable undertaking. The difficulty is finding the line between an enforceable undertaking and a simple statement of intent or promise. There are no clear rules about whether a particular promise is an undertaking—each case will turn on its own facts but the matters discussed below are relevant. For more guidance, see practice note: What is an undertaking?.
You should discharge an undertaking within an agreed timescale or within a reasonable time.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234