Tracey Calvert assesses the distinctions and implications of a solicitors’ undertaking.
The Supreme Court’s judgment in the case of Harcus Sinclair LLP v Your Lawyers Limited [2021] UKSC 32 is this summer’s essential reading for compliance professionals.
This is not because it says anything new about the topic, rather it reminds us of one of our big compliance issues: solicitors’ undertakings. Specifically, it is this court’s discussion on the extent, and enforceability, of such undertakings which has triggered several compliance conversations.
The brief facts of the case, and the history of its court appearances, are as follows:
· Harcus Sinclair LLP (HS) and Your Lawyers Ltd (YL) had discussed a non-disclosure agreement in Ap...
“Whilst the SRA cannot enforce performance of the undertaking, it can make a disciplinary finding in the event of a breach.”
