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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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