FAQ 63

Q63. Is Counsel permitted to give an undertaking in the course of any court proceedings?

A63. There is nothing within the Code that prohibits counsel from giving an undertaking. However, self-employed barristers should be aware that BMIF does not insure a barrister for breach of an undertaking if the breach would constitute a criminal offence, for example, if it would result in a contempt of court. It is difficult to envisage any circumstances where the breach would not result in a contempt of court and, in the circumstances, barristers are advised to consider carefully the risk of a breach. Solicitors are insured and where possible counsel should ask the instructing solicitor to give the undertaking.