Harcus Sinclair LLP v Your Lawyers Ltd

Subject Matter

SOLICITOR — Officer of court — Court’s supervisory jurisdiction — Solicitors trading as limited liability partnership undertaking to other solicitors not to accept instructions from any other claimants in group action — Undertaking signed on limited liability partnership’s behalf by partner — Whether partner giving undertaking in his personal capacity — Whether undertaking capable of taking effect as “solicitor’s undertaking” — Whether partner subject to court’s supervisory jurisdiction in respect of alleged breach of undertaking — Solicitors Act 1974 (c 47), s 50(2) (as amended by Constitutional Reform Act 2005 (c 4), s 59, Sch 11, para 21(1)(5)(b))

[2017] EWHC 2900 (Ch); [2018] 1 WLR 2479; [2017] WLR (D) 773, Ch D

RESTRAINT OF TRADE — Solicitor — Non-compete agreement — First and second solicitors entering into agreement in connection with group action — Agreement containing undertaking that second solicitors would not accept instructions from other claimants in action — Proper interpretation of undertaking — Whether unreasonable restraint of trade

[2019] EWCA Civ 335; [2019] 4 WLR 81; [2019] WLR (D) 147, CA

RESTRAINT OF TRADE — Contract — Non-compete undertaking — Solicitors undertaking to other solicitors not to accept instructions from claimants in group litigation — Whether unreasonable restraint of trade

[2021] UKSC 32; [2022] AC 1271; [2021] 3 WLR 598; [2022] 1 All ER 673; [2022] 1 All ER (Comm) 869, SC(E)

SOLICITOR — Officer of court — Court’s supervisory jurisdiction — Solicitors trading as limited liability partnership undertaking to other solicitors not to accept instructions from claimants in group litigation — Whether undertaking given in capacity of solicitor — Whether subject to court’s inherent supervisory jurisdiction over solicitors — Solicitors Act 1974 (c 47), s 50(2)

[2021] UKSC 32; [2022] AC 1271; [2021] 3 WLR 598; [2022] 1 All ER 673; [2022] 1 All ER (Comm) 869, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd Case comment

New Judgment: Harcus Sinclair LLP and Anor v Your Lawyers Ltd [2021] UKSC 32 Case comment

RPC Perspectives
Solicitors' Undertakings: will the lacuna in the law undermine the smooth and efficient transaction of legal business Case comment

Legal Futures
Supreme Court upholds six-year non-compete clause signed by law firm Case comment

Another nail in the coffin of solicitors’ undertakings? Case comment

Blackstones Civil Practice 2023
Enforcing Solicitors’ Undertakings - Practice on enforcing solicitors’ undertakings 21.22