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To sack or not to sack?

13 May 2010
Issue: 7417 / Categories: Features , Procedure & practice
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David Burrows considers when lawyers can (& should) terminate retainers

Buxton v Mills-Owens [2010] EWCA Civ 122, [2010] All ER (D) 242 (Feb) deals with the issue of whether, and if so in what circumstances, a solicitor may terminate a client’s retainer. In giving judgment, Dyson LJ (as he then was) considers a number of important professional practice questions.

Mr Mills-Owens (MO) instructed Richard Buxton, solicitors (RB), in connection with a planning appeal. The notice of appeal was drafted hastily for reasons explained in the judgment. It contained four grounds. On further consideration, and by a second barrister instructed, RB advised that only the first ground of appeal had any prospect of success “within the very tight parameters set by the law” (para [13]) in this area of work. It would be “counter productive to raise questions ‘which are not going to succeed’” said the barrister (para [14]). MO instructed the lawyers to proceed on all grounds, and and on counsel’s skeleton argument as amended by him.

RB discussed the matter with the Law Society; and then wrote to MO saying that he

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

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Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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