The claimants sought an order (by summary judgment) against the defendant firm of solicitors to require them to perform an undertaking they had given to provide evidence of the discharge of a mortgage. The defendants said the proper remedy was by an inquiry as to the claimants’ losses.
Held: It was not the position here that the undertaking was impossible of performance. The application was dismissed subject to the defendant being given a further short time to attempt further negotiation with the bank.
Sarah Asplin QC
[2009] EWHC 1952 (Ch), [2009] 46 EG 144, [2010] PNLR 2, [2009] 32 EG 69
Bailii
England and Wales
Citing:
Cited – United Mining and Finance Corporation Ltd v Becher 1910
Becher (a solicitor) received andpound;2,000 from a party with whom his Russian client was negotiating, on his undertaking that, if the negotiations were unsuccessful, he would pay it back. The negotiations were unsuccessful, but Becher would not . .
Cited – In re a Solicitor 1966
The solicitor had given an undertaking to hold five leases to the order of a bank. They were not in his possession and one was subject to a prior mortgage. Complaint was made to oblige him to comply with his undertaking.
Held: In the absence . .
Cited – Wroth v Tyler ChD 1973
The plaintiff had contracted to purchase a house for 6,000 pounds but the defendant failed to complete. Damages were awarded in lieu of specific performance under a Lord Cairns’ Act provision. At the date of the repudiatory breach the value of the . .
Cited – John Fox v Bannister, King v Rigbeys CA 1988
An undertaking had been given by the defendant solicitor to retain a sum of andpound;18,000 in his hands or to the credit of his client, a Mr Watts, until various matters had been sorted out. In breach of that undertaking, the solicitor subsequently . .
Cited – Angel Solicitors v Jenkins O’Dowd and Barth ChD 19-Jan-2009
Actions were brought to enforce undertakings given by solicitors to redeem mortgages on the sale of properties, and as to redemption figures provided by lenders who then refused to release the properties. The solicitors had replied to standard form . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.401878 br>