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13 August 2009
Issue: 7382 / Categories: Case law , Law digest
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Solicitor’s undertaking

Clark and another v Lucas Solicitors LLP [2009] EWHC 1952 (Ch), [2009] All ER (D) 11 (Aug)

Clark and another v Lucas Solicitors LLP [2009] EWHC 1952 (Ch), [2009] All ER (D) 11 (Aug)

In the absence of evidence that an undertaking was impossible to perform, performance of the undertaking would usually be required.

However, where there was an impossibility or it was otherwise inappropriate to order the undertaking to be performed, the court could exercise its discretion to order the solicitor to compensate for the loss caused by the breach of undertaking.

The fact that the undertaking required a third party to do an act did not preclude the court from exercising its supervisory jurisdiction, but it was a factor to be considered by the court in determining whether or not to exercise its discretion.

An undertaking could be performed by the payment of a cheque, albeit a larger one than might have been payable had enquiries been made and agreement reached at the appropriate time.

Issue: 7382 / Categories: Case law , Law digest
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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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