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10 March 2011
Issue: 7456 / Categories: Case law , Law digest
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Solicitor

Mason and others v Mills & Reeve (a firm) [2011] EWHC 410 (Ch), [2011] All ER (D) 11 (Mar)

A solicitor’s duty to his client was primarily contractual and its scope depended on the express and implied terms of his retainer. The key implied term of any solicitor’s retainer was that the solicitor had a duty to exercise reasonable care and skill. The extent of his duties depended upon the terms and limits of the retainer and any duty of care to be implied had to be related to what he had been instructed to do. The duties owed by a solicitor to his client were high, in the sense that he held himself out as practising a highly skilled and exacting profession but the court had to beware of imposing upon solicitors duties which went beyond the scope of what they had been requested or had undertaken to do.

The scope of the duty to exercise reasonable care and skill depended on the circumstances of the case and would depend first and foremost upon the content of the

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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