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  & Law Society of Ireland -v- Lambert  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
An analysis of the latest law on Undertakings
Authority, Vicarious liability and undertakings
The Courts summary jurisdiction
Construction of undertakings
Enforcement of undertakings
An analysis of the following cases:
ACC Bank PLC -v- Johnston  IEHC 108 – Principle of partnership
Kelly -v- Byrne  IEHC 174 – Failure to comply with undertaking to pay monies to a lending institution
ACC Bank PLC v. Tobin  IEHC 348 – Solicitor to compensate bank for breach of undertaking
Coleman v. O'Neill  IEHC 112
Danske Bank v. Ó Ceallaigh  IEHC 216 – Jurisdiction of the Court to enforce
KBC Bank v Byrne Wallace  – Failure to ensure sufficient security
ACC Loan Management Ltd v. Gillespie  IEHC 654
Law Society of Ireland -v- Lambert  IEHC 453
ACC Bank Plc v Barry trading as Barry & Company Solicitors  IEHC 322
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