There can be serious consequences for solicitors and their
insurers if the solicitor breaches an undertaking
The UK cases of Aldermore Bank and Kuit Steinart Levy LLP v
Austin Law and others (2014) and Global Marine Drillships
v William La Bella and others (2014) have returned
solicitors' undertakings to the spotlight. These cases
reinforce the law that there are serious consequences for
solicitors (and their professional liability insurers) if
solicitors breach their undertakings.
A solicitor's undertaking is a commitment by a solicitor to
do something, cause something to be done or abstain from doing
something. It can be given orally or in writing and does not have
to include the word "undertake" or
"undertaking". The benefiting party must reasonably place
reliance on it.
