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Solicitor

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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