header-logo header-logo

05 October 2012 / Laura Parkinson , Katherine Rees
Issue: 7532 / Categories: Features , Risk management , Legal services , Profession
printer mail-detail

Commercial advice: who needs it?

specialist_rees_4

Katherine Rees & Laura Parkinson clarify where solicitors can draw the line on commercial matters

To paraphrase Jane Austen, it is a truth universally acknowledged that a solicitor is not usually under a duty to give commercial advice. Behind this truth, however, lies the perennial difficulty in distinguishing between legal and commercial advice and in identifying when a solicitor is under a duty to pass on to his client information which he finds out in the course of a transaction. We look at the recent decision in Richard Gabriel v Peter Little and others [2010] EWHC 1193 (Ch) and at some of the principles which can be extrapolated from the cases in this area.

The background to the claim was a dispute between a lender (Mr Gabriel) and borrower (Mr Little). Mr Gabriel was a property developer and through various companies owned a number of disused buildings on an airfield in Kemble. Mr Little approached his friend, Mr Gabriel, to lend £200,000 to one of his companies, Whiteshore Associates Ltd, a special purpose vehicle set up to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll