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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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