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 repay the money, because there was an argument that his client was due that sum from those with whom he had been negotiating in any event. They issued an Originating Summons.
Held: The injunction requiring him to satisfy the injunction was granted. The Court has jurisdiction summarily to enforce solicitors’ undertakings given out of Court, even where there is no suggestion of impropriety. The failure to honour an undertaking is itself prima facie evidence of misconduct. The court would be exercising a special control over its officers.
Judges:
Hamilton J
Citations:
[1910] 2 KB 296
Jurisdiction:
England and Wales
Cited by:
Cited – Clark and Another v Lucas Solicitors Llp ChD 31-Jul-2009
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 . .
Cited – Coll v Floreat Merchant Banking Ltd and Others QBD 3-Jun-2014
The court was asked whether it was possible to bring contempt proceedings against a solicitor for the breach of an undertaking other than one given to the court. The parties had been employee and employer. On the breakdown of that relationship, the . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 15 May 2022; Ref: scu.452352