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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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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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