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13 May 2010
Issue: 7417 / Categories: Features , Procedure & practice
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To sack or not to sack?

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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