‘A law firm in Nottingham that failed to perform undertakings it gave on two property transactions – allowing another party to register a charge on one of them – has been fined £12,400.’
Legal Futures, 29th May 2024
Source: www.legalfutures.co.uk
‘The CMA has today launched court action against Teletext Holidays over inadequate progress on refunds to package holiday customers.’
gov.uk, 18th October 2021
Source: www.gov.uk
‘On 23 July 2021 the Supreme Court handed down its unanimous judgment on the issues of restraint of trade and solicitors’ undertakings. This article considers the central issue before the court, namely whether a non-compete undertaking within a non-disclosure agreement was an unreasonable restraint of trade and therefore unenforceable.’
3PB, 9th August 2021
Source: www.3pb.co.uk
‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’
Hailsham Chambers, 26th July 2021
Source: www.hailshamchambers.com
‘A High Court judge has refused to grant a solicitor a permanent injunction to enforce undertakings made by the son of a client that he would stop making defamatory statements.’
Legal Futures, 9th March 2021
Source: www.legalfutures.co.uk
‘This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts of contempt of court.’
Nearly Legal, 21st September 2020
Source: nearlylegal.co.uk
‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’
Littleton Chambers, 21st November 2019
Source: www.littletonchambers.com
‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’
Blackstone Chambers, 18th November 2019
Source: www.employeecompetition.com
‘A solicitor discarded an undertaking he had given and tried to take advantage of a mistake made by the law firm on the other side of a conveyancing transaction, it has emerged.’
Legal Futures, 15th November 2019
Source: www.legalfutures.co.uk
‘A solicitor has been jailed for 14 months after being found guilty on four counts of contempt of court for breaching undertakings given to the court about missing client money.’
Legal Futures, 20th August 2019
Source: www.legalfutures.co.uk
‘A girl at potential risk of female genial mutilation (FGM) may be taken on a trip to Egypt to visit her father but only in strictly controlled circumstances, a High Court judge has ruled.’
Local Government Lawyer, 8th August 2019
Source: www.localgovernmentlawyer.co.uk
‘The first Appellant/Claimant (‘Koza Ltd’) was a company incorporated in England and Wales, of which the Second Appellant/Claimant, ‘Mr Ipek’ was sole director. Koza Ltd was incorporated in March 2014 and capitalised with £60 million provided by the Respondent/Defendant (“Koza Altin”), its parent and 100% owner, to undertake mining operations outside Turkey.’
Hardwicke Chambers, 27th June 2019
Source: hardwicke.co.uk
‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.’
Law Society's Gazette, 2nd October 2017
Source: www.lawgazette.co.uk
‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’
Law Society’s Gazette, 13th March 2017
Source: www.lawgazette.co.uk
‘An irrevocable undertaking by a claimant company’s owner to pay adverse costs is not equivalent to after-the-event (ATE) insurance and so not enough to defeat an application for security for costs, the High Court has ruled.’
Litigation Futures, 20th February 2017
Source: www.litigationfutures.com
‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’
Family Law Week, 15th June 2016
Source: www.familylawweek.co.uk
‘The European Court of Human Rights has held that the detention of an individual following his breach of a civil contact order, where he had no legal representation, did not violate his rights under Article 5, ECHR (Right to Liberty and Security of Person). However, the decision not to provide compensation to the individual following a failure to provide him with a lawyer during domestic proceedings resulted in a violation of Article 6 (Right to a Fair Trial).’
UK Human Rights Blog, 30th March 2016
Source: www.ukhumanrightsblog.com
‘Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.’
Family Law Week, 18th February 2016
Source: www.familylawweek.co.uk
‘Whilst there was no specific test for granting permission to make an application for committal for breach of a solicitor’s undertaking, where there was no reasonable prospect of the applicant proving that the relevant solicitor had breached an undertaking, and there was no other good reason to allow the application to proceed, permission should not be granted.’
WLR Daily, 3rd June 2014
Source: www.iclr.co.uk
‘Undertakings given by solicitors to third parties are strictly enforced. Generally speaking solicitors would expect their professional indemnity insurers to pick up the claim, but this is not always the case.’
Hardwicke Chambers, 21st May 2013
Source: www.hardwicke.co.uk
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