Breach of Undertaking in UK Law

Leading Cases
  • Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck)
    • Court of Appeal (Civil Division)
    • 22 Marzo 1989

    It is convenient to begin by considering the position on the assumption that there was no proviso to Rule 25C and no claim for loss. We do not agree that the entry of a vessel into a PZ, even though a breach of warranty under Rule 25C, has the effect automatically and without more of bringing the contract of insurance to an end. It entitles the insurer to treat the contract as at an end if he so chooses, but the matter is one for his choice.

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

    Committal proceedings are an appropriate way, albeit as a last resort, of seeking to obtain the compliance by a party with the court's order (including undertakings contained in orders), and they are also an appropriate means of bringing to the court's attention serious rather than technical, still less involuntary, breaches of them.

  • Phillips v Symes (No. 3)
    • Chancery Division
    • 03 Octubre 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 Abril 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 Octubre 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.

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Legislation
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • 1 de Enero de 2010
    ... ... work or other activity requirement are to be allocated to undertaking, respectively—(a) unpaid work, and(b) any other activity to be ... to be the responsible officer for the purposes of the order.Breach of community payback order(227ZC) Breach of community payback order(1) ... ...
  • Building Societies Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ... ... on, loans which are owed to the society or any subsidiary undertaking of the society and are fully secured on residential property;and for the ... 1(2), Sch. 1 para. 87(3) (with art. 10) ... 66: Sanctions for breach of s. 65 ... (1) If a building society enters into a transaction or ... ...
  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... it is governed;“bill payment service provider” means an undertaking which provides a payment service enabling the payment of utility and other ... (3) A person does not breach the prohibition in paragraph (1) if that person has before 26th June 2018 ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... of F174the UK GDPR—(i) Article 33 (notification of personal data breach to the Commissioner) ;(ii) Article 34 (communication of personal data ... (5) The “higher maximum amount” is—(a) in the case of an undertaking, F249£17,500,000 or 4% of the undertaking's total annual worldwide ... ...
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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
    • No. 76-2, March 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...
    ... ... , 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 ... 41 Nor did this failure amount to a breach of undertaking. 42 In Muhammed 43 it was confirmed that the common law ... ...
  • Courts of Appeal
    • No. 43-1, January 1979
    • Journal of Criminal Law, The
    ... ... had indicated that if he pleaded guilty and gave an undertaking not to see the girl or her sister, he would not impose an ... had erred in 'varying' the original sentence, in treating the breach of undertaking as a further criminal offence under s.23(1) of the ... ...
  • Divisional Court
    • No. 58-1, February 1994
    • Journal of Criminal Law, The
    ... ... when dealing with an offender consider accepting an undertaking from a third party to pay compensation instead of, or in ... against the father for contempt of court in respect of his breach of undertaking, which undertaking the judge had expressly accepted ... ...
  • A Betrayal of Trust? Back to the Drawing Board for Medical Manslaughter
    • No. 85-5, October 2021
    • Journal of Criminal Law, The
    In seeking to provide a solution to the issues raised by medical manslaughter, Wheeler and Wheeler have recently proposed reform by way of a reconceptualised offence based on a breach of a fiduciar...
    ... ... proposed reform by way of a reconceptualised offence based on a breach of a fiduciary duty amounting to a betrayal of trust. This article s an examination of gross negligence manslaughter, before undertaking a review of the proposals advocated by the authors. Applying the proposed ... ...
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Law Firm Commentaries
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Forms
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