This 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 alending institution
- ACC Bank PLC v. Tobin  IEHC 348 – Solicitor to compensate bank for breach ofundertaking
- 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
Duration & pricing:
- Net-Duration: 3 hours
- This lecture is no longer available.
To review current /scheduled booking options please refer to: 2023 Legal CPD programme
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