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19 November 2015
Issue: 7677 / Categories: Legal News
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Unbundling duty of care

Solicitors cannot be held responsible for unexpected outcomes

Solicitors offering unbundled services do not have a broader duty of care to their client, the Court of Appeal has held.

The court dismissed Sharon Minkin’s appeal against her solicitor, Lesley Landberg, in Sharon Minkin v Lesley Landsberg (trading as Barnet Family Law) [2015] EWCA Civ 1152.

Minkin claimed her solicitor was negligent for failing to advise her more widely on the terms of her divorce settlement, which she regretted signing. However, Landsberg countered that she had been instructed only to draft a consent order and not to advise on the wisdom of entering into the agreement.

The case centred on the scope of Landsberg’s retainer. Issues of causation and loss also arose.

Giving judgment, Lord Justice Jackson agreed the retainer was limited and rejected the argument that additional advice on the merits of the settlement ought to have been given. He held there was no breach of duty and insufficient causal link to establish a claim.

Lady Justice King highlighted the problems arising from lack of public funding for cases and concluded “serious consequences” could arise if solicitors were not able to accept instructions on a limited retainer basis.

Stephen King, partner, and Andrew Hipper, principal associate, at Mills & Reeve, who acted for Landsberg, say limited retainers are “commonplace”.

“As a matter of practicality, there is a real need for solicitors to be able to give bespoke and limited advice to enable lay clients to deal with matrimonial finance claims in circumstances where they lack the funding for full representation. This decision enables them to do so with a degree of confidence that they will not be held responsible for unexpected outcomes that fall outside the scope of their limited retainer.”

Issue: 7677 / Categories: Legal News
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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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