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16 February 2012
Issue: 7501 / Categories: Case law , Law digest , In Court
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Solicitors

Fladgate LLP v Harrison [2012] EWHC 67 (QB), [2012] All ER (D) 45 (Feb)

The giving of instructions by a client to a solicitor constituted the solicitor’s retainer by that client. It was not essential that the retainer was in writing. It might be oral. It might be implied by the conduct of the parties in the particular case. The giving of that retainer was equivalent to the making of a contract for the solicitor’s employment, and created the solicitor’s right to be paid. In determining whether or not a retainer had come into existence, the general principles of contract law applied.

On the basis of established authority, whether there was a binding contract between the parties, and if so on what terms, depended upon what they had agreed. It depended not on their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that led objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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