Professional undertakings

Undertakings are a fundamental part of legal practice. Many areas of practice, such as conveyancing and litigation, rely on giving and receiving undertakings to progress matters.

16 Sep 2026

26 minutes read

Case law has highlighted issues around:

the giving of undertakings by corporate entities (companies and limited liability partnerships (LLPs)) authorised by the Solicitors Regulation Authority (SRA)
the ability of the courts to enforce those undertakings

This practice note discusses the case law. It provides guidance on how to proceed when one of the parties to a matter is represented by an SRA-authorised firm that is an LLP or a company.

It provides information on the risks around giving and accepting undertakings, particularly where the other party is not an officer of the court.

This practice note covers situations where you may be asked to give or receive a personal undertaking, and the risks associated with this.

It also provides information and guidance on undertakings generally, and the relevant regulatory and professional conduct issues.

This practice note is the Law Society’s view of good practice in this area, and is not legal advice. For more information, see the legal status.

Introduction

Disclaimer

Sign up for free to continue reading

My LS gives you exclusive access to the latest news, events, books and resources to help you excel within your practice.

Expand all

Practice notes represent the Law Society’s view of good practice in a particular area. They are not intended to be the only standard of good practice that solicitors can follow. You are not required to follow them but doing so will make it easier to account to oversight bodies for your actions.

Practice notes are not legal advice, and do not necessarily provide a defence to complaints of misconduct or poor service. While we have taken care to ensure that they are accurate, up to date and useful, we will not accept any legal liability in relation to them.

For queries or comments on this practice note, contact our Practice Advice Service.

SRA Principles

There are seven mandatory principles in the SRA Standards and Regulations which apply to all aspects of practice.

The principles apply to all authorised individuals (solicitors, registered European lawyers, registered foreign lawyers and registered Swiss lawyers), authorised firms and their managers and employees, and to the delivery of regulated services within licensed bodies.

Must – a requirement in legislation or a requirement of a principle, rule, regulation or other mandatory provision in the SRA Standards and Regulations. You must comply, unless there are specific exemptions or defences provided for in relevant legislation or regulations.

Should – outside of a regulatory context, good practice, in our view, for most situations. In the case of the SRA Standards and Regulations, a non-mandatory provision, such as may be set out in notes or guidance.

These may not be the only means of complying with legislative or regulatory requirements and there may be situations where the suggested route is not the best route to meet the needs of a particular client. However, if you do not follow the suggested route, you should be able to justify to oversight bodies why your alternative approach is appropriate, either for your practice, or in the particular retainer.

May – an option for meeting your obligations or running your practice. Other options may be available and which option you choose is determined by the nature of the individual practice, client or retainer. You may be required to justify why this was an appropriate option to oversight bodies.