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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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