Risk Management in Solicitor’s Undertakings – An update

 

This short module, introduces you to the legal issues surrounding Solicitor’s undertakings and it covers the latest cases which have come before the Courts in this area, including KBC Bank v Byrne Wallace [2012] & Law Society of Ireland -v- Lambert [2015] IEHC 453. The lecture deals with how the law has evolved in this area due the introduction of recent Solicitor’s Regulations and the trend of Banks issuing proceedings against Solicitors.

By the end of this module you will have gained a deeper understanding of:

  • A solicitor’s duties and obligations in giving undertakings
  • How undertakings are interpreted by the Courts
  • The consequences of failing to comply with an undertaking
  • The power of the Courts in enforcing undertakings

Module content:

  • The Courts summary jurisdiction
  • Enforcement of undertakings
  • Compensation
  • An analysis of the following cases:
    • ACC Bank PLC -v- Johnston [2011] IEHC 108 – Principle of partnership
    • KBC Bank v Byrne Wallace [2012] – Failure to ensure sufficient security
    • ACC Loan Management Ltd v. Gillespie [2014] IEHC 654
    • Law Society of Ireland -v- Lambert [2015] IEHC 453
    • ACC Bank Plc v Barry trading as Barry & Company Solicitors [2014] IEHC 322 

Teaching method:  

Lecture, PowerPoint;

Duration & pricing:

  • Net-Duration: 1 hour
  • Philanthropist module fee on request

To review scheduled booking options, please refer to: 2018 LEGAL CPD programme

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Between 2015 and 2017, 931 professionals in conjunction with 342 unique firms/companies, registered their attendance at different CPD-Philanthropy training events and initiatives​.

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