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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.
FUTURE SEMINARS
The Committee of the Society of Young Solicitors
would very much welcome suggestions for
(i) topics
(ii) speakers
(iii) venues
EEC TRIP
The Society has received a number of applications to
organise another trip to Brussels or Luxembourg on the
lines of the trips which the Society has already organised.
Before making any arrangements for a trip abroad the
Committee of the Society would welcome any suggestions
for the kind of trip which the Society should organise, and
those interested in partaking in such a trip should write to
Mary Finlay, at McCann Fitzgerald Roche & Dudley,
Solicitors, 28/32 Upper Pembroke Street, Dublin 2.
PARLIAMENT
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