The applicant sought to be excused from performance of an undertaking given as a solicitor. They relied upon the Citadel Management case as authority that, if they took timely steps to warn the person in whose favour the undertaking had been given of a supervening change of circumstances, they could be excused performance.
Held: The case was no such authority. Such a view was neither necessary nor obvious and, in the instant case would destroy the business efficacy of the undertaking.
Judges:
Mr Justice Hart
Citations:
Times 29-Jan-2002, Gazette 06-Mar-2002, [2001] EWHC Ch 465
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Citadel Management Inc v Equal Ltd and Others CA 23-Sep-1998
A solicitor undertaking to repay client funds but who was dependent upon others to fulfil that undertaking and failed to warn of impossibility of fulfilment, was properly found in contempt of court and imprisoned for six months. . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 04 October 2022; Ref: scu.166963