An undertaking is an unequivocal declaration of an intention addressed to a third party with the intention that it should be relied upon. Hundreds of undertakings are given quite properly every day as a means of facilitating the execution of transactions - in particular conveyancing transactions. However, because of their almost absolute nature and their independence of any contractual relationship, there is huge scope for things to go wrong. The cases that reach the courts almost all concern undertakings given either on the borderline or well outside the scope of a solicitor's practise.
Enforcement of undertakings can arise under the High Court's supervisory role over solicitors for misconduct; the court has the power to order solicitors to fulfil the terms of an undertaking or pay compensation to the recipient. The jurisdiction is discretionary in nature and will only be exercised if the undertaking was given by the solicitor in his capacity as a solicitor. Alternatively, a claim
