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19 November 2015
Issue: 7677 / Categories: Legal News
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Unbundling duty of care

Solicitors cannot be held responsible for unexpected outcomes

Solicitors offering unbundled services do not have a broader duty of care to their client, the Court of Appeal has held.

The court dismissed Sharon Minkin’s appeal against her solicitor, Lesley Landberg, in Sharon Minkin v Lesley Landsberg (trading as Barnet Family Law) [2015] EWCA Civ 1152.

Minkin claimed her solicitor was negligent for failing to advise her more widely on the terms of her divorce settlement, which she regretted signing. However, Landsberg countered that she had been instructed only to draft a consent order and not to advise on the wisdom of entering into the agreement.

The case centred on the scope of Landsberg’s retainer. Issues of causation and loss also arose.

Giving judgment, Lord Justice Jackson agreed the retainer was limited and rejected the argument that additional advice on the merits of the settlement ought to have been given. He held there was no breach of duty and insufficient causal link to establish a claim.

Lady Justice King highlighted the problems arising from lack of public funding for cases and concluded “serious consequences” could arise if solicitors were not able to accept instructions on a limited retainer basis.

Stephen King, partner, and Andrew Hipper, principal associate, at Mills & Reeve, who acted for Landsberg, say limited retainers are “commonplace”.

“As a matter of practicality, there is a real need for solicitors to be able to give bespoke and limited advice to enable lay clients to deal with matrimonial finance claims in circumstances where they lack the funding for full representation. This decision enables them to do so with a degree of confidence that they will not be held responsible for unexpected outcomes that fall outside the scope of their limited retainer.”

Issue: 7677 / Categories: Legal News
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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