The Gazette 1978

GAZETTE

JANUARY/FEBRUARY 1978

honouring an undertaking given, even though the undertaking was not given to the Court (Stiver and Drake v Baines (1971) 1 Q.B. 396). Mr. McCracken made the following particular points in relation to undertakings: 1. The undertakings must be personal undertakings. 2. The undertaking must be given in the capacity of the solicitor. 3. The principals of a firm are bound by undertakings given by their employees whether they are qualified solicitors or not. 4. The undertaking must be one which at the time it was given was capable of being performed. 5. An unqualified undertaking in relation to the payment of money should not be made in relation to money not in the solicitors own possession or under his exclusive control. 6. A solicitor who has given a personal undertaking, and has been obliged to act on it personally, to his detriment, has a right of action against his client to recover any loss sustained against him. Mr. McCracken's lecture was a very interesting and comprehensive lecture and brought home to solicitors the inherent dangers in much of what solicitors considered normal practice. His lecture is well worth considering in detail. On the question of undertaking the Incorporated Law Society has recently made very strong recommendations to the members of the profession and solicitors should take serious cognisance of the recommendations made. Copies of lectures delivered at Society of Young Solicitors Seminars can be obtained from Norman Spendlove, Switzers Building, 94 Grafton Street, Dublin 2.

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