header-logo header-logo

A cautionary tale

31 March 2011 / Claire Sanders
Issue: 7459 / Categories: Features , LexisPSL
printer mail-detail

Claire Sanders warns solicitors to comply with their client retainer or face the consequences

A refusal to continue working for a client until he paid outstanding fees amounted to a repudiatory breach of contract by solicitors the consequence of which was that they were not entitled to recover any of their fees. The stark warning from the High Court in the case of Minkin v Cawdery Fireman & Taylor [2011] EWHC 177, [2011] All ER (D) 82 (Feb) is that solicitors must comply with the provisions in their client retainer letters and that retainer letters must be in clear terms.

Facts

In Minkin the claimant, instructed the appellant solicitors (the firm) to represent him in matrimonial proceedings, in particular at the return hearing of an application by his wife for an occupation order and non-molestation order. The day before the hearing it transpired that the claimant’s wife had left the matrimonial home and rented it to tenants.

The firm advised the client about this and corresponded with the tenants agents. The occupation order

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll