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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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