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17 September 2021 / John Gould
Issue: 7948 / Categories: Features , Profession , Regulatory
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Can you still trust a solicitor to keep a promise?

57448
When is an undertaking not an undertaking? John Gould reports on the wake-up call sounded by the Supreme Court in Harcus

The Supreme Court’s decision in Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32, [2021] All ER (D) 87 (Jul) has caused something of a stir. Commentators have hurried into print to alert their readers to the risk that undertakings from incorporated law firms might not now be as gold-plated as they thought because the summary enforcement mechanism through the court which applies to individual solicitors as ‘officers of the court’ doesn’t extend to corporates.

The decision in Harcus highlights various issues, but is not, in fact, the earth-shattering event some have claimed.

The court’s lack of an inherent supervisory jurisdiction over corporate law firms has been pretty clear since the Court of Appeal’s judgment in Assaubayev v Michael Wilson & Partners Ltd [2014] EWCA Civ 1491, [2014] All ER (D) 239 (Nov). At the risk of a lack of humility, the correct position has been stated in The Law of

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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