Undertakings are a fundamental part of legal practice. Many areas of practice, such as conveyancing and litigation, rely on the giving and receiving of undertakings to progress matters.
Recent case law has highlighted issues around:
- the giving of undertakings by corporate entities (companies and LLPs) authorised by the Solicitors Regulation Authority (SRA)
- the ability of the courts to enforce those undertakings
This practice note discusses the case law and provides guidance on how to proceed when one of the parties to a matter is represented by an SRA-authorised firm that is an LLP or a company.
It provides information on the risks around giving and accepting undertakings, particularly where the other party is not an officer of the court.
This practice note also covers situations where you may be asked to give or receive a personal undertaking, and the risks associated with this.
It also provides information and guidance on undertakings generally, and the relevant regulatory and professional conduct issues.
This practice note is the Law Society's view of good practice in this area, and is not legal advice. For more information, see the legal status.