Breach of Undertaking in UK Law

Leading Cases
  • Phillips v Symes (No. 3)
    • Chancery Division
    • 03 Oct 2005

    Mr Symes is in contempt in that he has broken undertaking 8 that he gave to me on 22 nd May. Second, he is in contempt and in breach of the interlocutory regime imposed by the order of Hart J on 24 th July 2002 by the sale of the Akhenaten statue. Third, he has broken the conditions upon which the order of imprisonment was suspended, namely he has failed to comply with undertaking 8.

    He has therefore treated the orders as some things which he can ignore, despite being thrown a lifeline by the order of 22 nd May in the sense that he was not sent to prison immediately but merely gave undertakings as to future good behaviour.

    I regard the Akhenaten sale as the more serious of the two breaches. I accordingly sentence Mr Symes to a period of 15 months' imprisonment for breach of that interlocutory regime by that sale. The undertaking breach is also serious but not quite as serious as the deliberate sale of the Akhenaten. For that lesser breach I sentence Mr Symes to a period of imprisonment of nine months to be served consecutively to the period of 15 months making two years' in total.

  • Twinsectra Ltd v Yardley
    • Court of Appeal (Civil Division)
    • 28 Abr 1999

    I do not consider that the points taken by Mr Jackson are sufficient to negative that tell-tale sign in this case. In such a case the vice seems to me to rest in deliberately closing his eyes to the rights of Twinsectra, whether legal or equitable, as the beneficiary of the undertaking, and his deliberate failure to follow matters up or take advice for fear of embarrassment or disadvantage.

  • Lloyds TSB Bank Plc v Markandan & Uddin (A Firm)
    • Chancery Division
    • 14 Oct 2010

    In the present case the Defendant paid the money without receiving the requisite documents and without receiving a solicitor's undertaking to provide such documents. Accordingly the Defendant was in breach of the trust by paying the money in the circumstances in which the money was paid.

  • Phillips v Symes (No. 3)
    • Court of Appeal (Civil Division)
    • 19 May 2005

    In my judgment, the other contempts alleged and not pursued should not be proceeded with upon a future application. As to the suspended sentence, I regard the choice as being between activating it concurrently with the existing sentence and discharging it. The judge had already imposed a sentence of 9 months imprisonment for breach of an undertaking given when the suspended sentence was imposed.

  • Hare and Another v Legion Group Plc & Others
    • Chancery Division
    • 03 Nov 2009

    By contrast, I accept the thrust of Mr Grant's second submission that failure to perform an impossible undertaking is not a contempt. The mental element required of a contemnor is not that he either intends to breach or knows that he is breaching the court order or undertaking, but only that he intended the act or omission in question, and knew the facts which made it a breach of the order: see Adam Phones v. Goldschmidt [1999] 4 All ER 486 at 492j to 494j.

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Legislation
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... . . (d) breach of a condition of a licence granted under section 7 of the Gangmasters ... Labour market enforcement undertakings Labour market enforcement undertakings . S-14 . Power to request LME ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (i) Article 33 (notification of personal data breach to the Commissioner); . (ii) Article 34 (communication of personal data ... (a) (a) in the case of an undertaking, 20 million Euros or 4% of the undertaking’s total annual worldwide ......
  • Enterprise and Regulatory Reform Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... the Secretary of State has laid before Parliament a copy of an undertaking (the "operational independence undertaking") provided by the Secretary of ... . (a) concludes that the employer has breached any of the worker's rights to which the claim relates, and. . . (b) is ......
  • Bail etc. (Scotland) Act 1980
    • UK Non-devolved
    • 1 de Enero de 1980
    ...... S-3 . Breach of conditions. 3 Breach of conditions. . (1) Subject to subsection (3) ...   . ( a . ) liberate him upon a written undertaking, signed by. him and certified by the said officer, in terms of. which that ......
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Books & Journal Articles
  • Another type of ‘Other’ in EU Law? AB (2) MVC v Home Office and Rahman v Secretary of State for the Home Office
    • Núm. 76-2, Marzo 2013
    • The Modern Law Review
    EU citizenship law has to date paid little attention to the extended family members of Union citizens, a group mentioned just once in Citizenship Directive 2004/38. This note suggests that the curr...
    ......, providing scope for the rights of EU migrant workers to be breached with impunity. It also questions whether the new mechanisms for addressing ..., Mr Walker, both conceded a material error of law and gave an undertaking to the Upper Tribunal Judge to issue Ms C with a residence card. By August ......
  • Effective Redress of Grievance in Data Protection: An Illusion?
    • Núm. 23-3, Junio 2016
    • Maastricht Journal of European and Comparative Law
    This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. I...
    ......breach of data protection law. It considers the extent to which the pr inciple ...In undertaking this analysi s the article seeks to demon strate that there are a number ......
  • Positivism in the English Law of Contract
    • Núm. 55-1, Enero 1992
    • The Modern Law Review
    ...... to the Court of Appeal’s holding) that there had been a breach by the defendant of the express terms of the letter of undertaking ......
  • A Preference for Innominate Terms: The Good, the Bad Bargain and the Ugly
    • Núm. 2-2, Julio 2012
    • Southampton Student Law Review
    • Oliver Williams
    • 155-184
    At less than ten pages in length, the succinct judgment of Lord Justice Diplock in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd succeeded in altering the legal landscape of modern contr...
    ...... of an innocent party’s entitlement to elect to terminate for breach of contract, based on classification of the term, the innovative ... High Court decision regarding the construction of contractual undertakings, 5 has become a wellestablished rule of thumb when constructing ......
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Law Firm Commentaries
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