Question of the week: If a solicitor gives an undertaking to deliver a discharge document, is there an implied term that the discharge document will be valid at the date of delivery and completion? Will the solicitor be in breach of the undertaking where the party that provided the discharge withdraws their consent before completion?

Article summary

This Q&A considers a situation where a solicitor gives an undertaking to deliver a discharge document, upon which the completing solicitor relies. In particular, where the party that provided the discharge withdraws their consent before completion, will the solicitor be in breach of the undertaking if they simply deliver the discharge document, knowing that consent has been withdrawn? This Q&A considers whether the undertaking will be subject to an implied term that the discharge document will be valid as at the date of delivery and/or completion.