15BCertain undertakings to be enforceable

15B Certain undertakings to be enforceable

[Section 15B Inserted by No. 29 of 2012, s. 4, Applied:01 May 2015]

(1)  In this section –

affected person, in relation to an undertaking, means –

(a) the person to whom the undertaking was given; and

(b) if the person to whom the undertaking was given was acting as the agent of a principal, the principal;

undertaking means a promise or guarantee, given by a conveyancer in the course of carrying on business as a conveyancer, that an act will be done, or will not be done, by the conveyancer or another person.

(2)  An affected person in relation to an undertaking given by a conveyancer may, if the undertaking has not been carried out, apply to the Supreme Court or the Magistrates Court (Civil Division) for an order or orders to be made under subsection (3) in relation to the undertaking.

(3)  A court to which an application is made under subsection (2) in relation to an undertaking given by a conveyancer may, if it is satisfied that the undertaking has not been carried out, make one or more of the following orders in relation to the application:

(a) if the undertaking consists of a promise or guarantee by the conveyancer to do an act or to refrain from doing the act, an order that the conveyancer do the act or refrain from doing the act;

(b) such orders as the court thinks fit requiring the conveyancer to do an act, or refrain from doing an act, so as to place an affected person as near as practicable in the position that the affected person would have been in if the undertaking had been carried out;

(c) such orders as the court thinks fit, requiring the conveyancer to pay to an affected person, or to a client of the conveyancer, who has suffered, or is likely to suffer, loss because the undertaking has not been carried out, compensation for the loss.