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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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