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05 October 2012 / Laura Parkinson , Katherine Rees
Issue: 7532 / Categories: Features , Risk management , Legal services , Profession
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Commercial advice: who needs it?

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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,

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

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Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

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Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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