Table of Contents
In Short
- An undertaking to the court is a binding promise made by a party during legal proceedings.
- Breaching an undertaking can result in serious penalties, including fines or imprisonment.
- It is crucial to fully understand and comply with any undertaking given to avoid legal consequences.
Tips for Businesses
Ensure you fully understand any undertaking given to the court. Non-compliance can lead to severe penalties, so seek legal advice before making any promises in court. If circumstances change, apply to vary or discharge the undertaking to avoid potential breaches.
If your business faces a commercial dispute, it can divert time, resources, and energy from regular business activities. Additionally, it may harm business relations and tarnish your company’s reputation. Therefore, resolving the dispute as quickly and amicably as possible is crucial. It is advisable to avoid court cases, which are often time-consuming and expensive, and instead consider an alternative dispute resolution (ADR) method.
However, if ADR fails to resolve this issue, you may need to pursue court proceedings. In such cases, you must be aware of any undertakings to the court that either you or the third party may need to provide. Understanding these undertakings can help you avoid a court order. This article will outline the legal guidelines and requirements for signing an undertaking to the court.
What is an Undertaking to a Court?
An undertaking to a court is a standard part of legal proceedings. It is where you make a legal promise to confirm that you will do something or refrain from doing it. Therefore, it is a voluntary procedure and an alternative to a court making an order on an individual to carry out an action or prevent them from doing something. It could include, for example:
- promising to be in court on a specific date and time; or
- promising not to take action in court proceedings before a particular date.
If you break an undertaking to the court, they can enforce it. The court can also:
- fine you;
- imprison you; or
- have your assets seized.
However, the Court of Appeal rules that whether an undertaking has been given or not to a court is a question of fact in each specific instance. Also, only the court can approve, amend, or revoke an undertaking.
How Do I Give an Undertaking to a Court?
If your business is involved in court litigation, you must seek legal advice from a litigation solicitor. The solicitor will explain whether you should make an undertaking to the court and how to do so.
In the form, you must:
- detail both the claimant and defendant’s names;
- include all court references and the name of the court involved;
- detail the promise made, including the date this occurred; and
- sign a statement describing what you understand, what undertaking you have given and the consequences of not complying with it.
You may need to present documents and evidence with the form if the judge requests it, and you must do this when appearing for the hearing.
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What Should I Be Aware of for the Content of an Undertaking?
When you make an undertaking to a court, your legal adviser will know how it should look and what the promise needs to contain. The Solicitors Regulation Authority (SRA) provides them a Warning Card in 2009, which includes recommendations for advising clients on undertakings to the court. This states that an undertaking should be:
- specific, which consists of the action, timescale, person giving it and to whom they gave it to;
- measurable, so clear when it will have been carried out, agreeing on specific steps to take;
- agreed by both parties;
- realistic, so something that is possible to achieve and does not require relying on a third party to achieve it; and
- timed so it is clear when it comes to an end.
This guide outlines how to resolve commercial disputes.
Key Takeaways
In court litigation, you or the other party may make an undertaking to the court. This is a legal process where a party promises to either do something or refrain from doing something. The promise must be kept, or there will be severe legal consequences. To make an undertaking to court, you should seek legal advice and will need to complete an N1117 form to document the promise. This form will contain specific information, such as the promise.
When you make an undertaking to a court, there are particular points you need to be aware of regarding the content. For example, both parties must agree to the promise, which must be specific and include a time factor.
If you need help understanding an undertaking to a court, LegalVision’s experienced disputes and litigation solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today at0808 196 8584 or visit our membership page.
Frequently Asked Questions
An undertaking to the court is when a person makes a legal promise to carry out an action or to refrain from doing something.
If you make an undertaking to a court, you must present it in an N1117 form and may need to attach evidence if the judge asks you to.
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