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03 May 2013
Issue: 7558 / Categories: Case law , Law digest , In Court
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Solicitor

Magical Marking Ltd and another v Ware & Kay LLP and others [2013] EWHC 59 (Ch), [2013] All ER (D) 213 (Apr)

Whether expressed in terms of contract or tort, a firm of solicitors was required to apply reasonable care and skill in the discharge of the express and implied terms of its retainer by the client, both in terms of the giving of requested or necessary advice and in terms of carrying out the tasks called for by the clients’ instructions. It was often said that solicitors were not liable for mere errors of judgment. That reflected the reality that in any given situation there might be a range of different advice which could be given by solicitors without a breach of their duty of care. Furthermore, in particular where solicitors were resorted to for advice as to the vindication of their clients’ rights, it might be incumbent upon them to identify a range of alternative responses, with advice about their respective costs and risks, rather than simply to advocate a single solution and say nothing about

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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