header-logo header-logo

Commercial advice: who needs it?

05 October 2012 / Laura Parkinson , Katherine Rees
Issue: 7532 / Categories: Features , Risk management , Legal services , Profession
printer mail-detail
specialist_rees_4

Katherine Rees & Laura Parkinson clarify where solicitors can draw the line on commercial matters

To paraphrase Jane Austen, it is a truth universally acknowledged that a solicitor is not usually under a duty to give commercial advice. Behind this truth, however, lies the perennial difficulty in distinguishing between legal and commercial advice and in identifying when a solicitor is under a duty to pass on to his client information which he finds out in the course of a transaction. We look at the recent decision in Richard Gabriel v Peter Little and others [2010] EWHC 1193 (Ch) and at some of the principles which can be extrapolated from the cases in this area.

The background to the claim was a dispute between a lender (Mr Gabriel) and borrower (Mr Little). Mr Gabriel was a property developer and through various companies owned a number of disused buildings on an airfield in Kemble. Mr Little approached his friend, Mr Gabriel, to lend £200,000 to one of his companies,

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll