Risk Management: Solicitor’s Undertakings

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 manner and circumstances in which undertakings should be given
  • The consequences of failing to comply with an undertaking
  • The power of the Courts in enforcing undertakings

Module content:

  • An analysis of the latest law on Undertakings
  • Authority, Vicarious liability and undertakings
  • The Courts summary jurisdiction
  • Construction of undertakings
  • Enforcement of undertakings
  • Impossibility
  • Compensation

An analysis of the following cases:

  • ACC Bank PLC -v- Johnston [2011] IEHC 108 – Principle of partnership
  • Kelly -v- Byrne [2011] IEHC 174 – Failure to comply with undertaking to pay monies to a lending institution
  • ACC Bank PLC v. Tobin [2012] IEHC 348 – Solicitor to compensate bank for breach of undertaking
  • Coleman v. O'Neill [2012] IEHC 112
  • Danske Bank v. Ó Ceallaigh [2011] IEHC 216 – Jurisdiction of the Court to enforce
  • 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: 3 hours
    • Group bookings are available for this module

To review scheduled booking options, please refer to: 2019 LEGAL CPD programme

CPD-Philanthropy is a network of distinguished Barristers and Consultant Professionals who reduce their fees to a minimum, to support you/your firm, to make a separate, distinct and voluntary donation, directly, to a charity of your choice instead.

Between 2015 and 2018, 1546 Solicitors in conjunction with 475 firms/companies, registered their attendance at different CPD-Philanthropy training events and initiatives​.

We invite you to review more comprehensive information on participating firms/companiesnominated charities and testimonials by clicking the respective link.