David Cooper fires a warning shot: get the retainer right first time & watch out for the mule
In the recent case of Radford v Frade, Clair, Gheko Films SL and Gheko Films SUR SL [2018] EWCA Civ 119, [2018] All ER (D) 85 (Feb) the Court of Appeal has again had to consider a retainer between solicitors and their clients.
London solicitors Taylor Hampton were acting for individual and corporate defendants in an action brought by Oscar-nominated film director Michael Radford over a project to make a Spanish film called La Mula ( The Mule) . Mr Radford was retained to direct the film but in time the parties fell out and the director left the shoot and was replaced.
In July 2010, Mr Radford and the partnership through which he traded started legal action and obtained injunctions, which included prohibiting the defendants from using or publishing film footage he had shot without his authority. Taylor Hampton contended that the retainer entered into in July 2011 with the defendants was a conventional one.
