header-logo header-logo

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

A cautionary tale

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll