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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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