An undertaking binds the solicitor who gives it, strictly and personally — a promise the courts and the regulator will both enforce.
Few words a solicitor utters carry heavier consequences, because once an undertaking is given there is almost no way out of performing it. This chapter starts with what counts as an undertaking — whether the word itself or even writing is needed — and who is bound, including employees acting with authority and solicitors promising 'on behalf of' a client. It then explains why liability for breach is strict, with good faith and an uncooperative client no defence, and how client instructions interact with the duty to perform, including when an improper undertaking must be refused outright. Finally, it works through conditional and ambiguous undertakings, the four kinds of conduct that amount to breach, how an undertaking is discharged, and the twin routes of enforcement through the court's supervisory jurisdiction and the SRA and Solicitors Disciplinary Tribunal.
