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Our clerks’ room is open between:

8.30am – 6.30pm

Outside of these hours and in cases of urgency, please contact
Paul Bunting on 07971 843023 or
Darren Madle on 07769 714399.

Clerk contacts

Richard Sheehan

Deputy Senior Clerk

020 7420 9503
Oliver Ventura

First Junior Clerk

020 7420 9505
Aron Hanks

Second Junior Clerk

020 7420 9506
Archie Conners

Third Junior Clerk

020 7420 9507

Our clerks’ room is open between:

8.30am – 6.30pm

Outside of these hours and in cases of urgency, please contact
Paul Bunting on 07971 843023 or
Darren Madle on 07769 714399.

Clerk contacts

Richard Sheehan

Deputy Senior Clerk

020 7420 9503
Oliver Ventura

First Junior Clerk

020 7420 9505
Aron Hanks

Second Junior Clerk

020 7420 9506
Archie Conners

Third Junior Clerk

020 7420 9507

Can You Appeal An Undertaking? Schettini v Silvestri [2019] EWCA Civ 349

The Court of Appeal has handed down its judgment in Schettini v Silvestri [2019] EWCA Civ 349. The case raised the question whether a litigant is entitled to appeal against his own undertaking. The answer given by Lewison LJ, at [21], is as follows:

“Absent extraordinary circumstances, I would hold that a claimant who gives an undertaking (even where it is given reluctantly in order to obtain the order sought) ought not to be entitled to pursue an appeal against that undertaking. Accordingly, I consider that Mr Trompeter’s general point is a good one. A litigant in that position is, of course, entitled to apply to be released from the undertaking (either unconditionally or on condition of offering a new undertaking). I consider that we should treat this appeal as amounting to an application to be released entirely from the undertaking. But as a general rule, such an application will not result in release unless there has been a change in circumstances since the undertaking was given.”

Nicholas Trompeter (instructed by Matthew Jenkins of Hughmans Solicitors) appeared for the successful respondent.