header-logo header-logo

22 April 2010 / Victoria Sugden , Paul Castellani
Issue: 7414 / Categories: Features , Regulatory
printer mail-detail

At your service?

When can solicitors terminate a contentious retainer & can they claim costs? ask Paul Castellani & Victoria Sugden

The legal framework governing the termination of the solicitor/client relationship in contentious matters (the “entire contract” concept) derives from 19th Century authority. Two recent decisions provide important clarification for a solicitor who wishes to terminate their retainer, particularly as to (i) what constitutes “reasonable grounds” for doing so and (ii) whether, having terminated, the solicitor is entitled to payment of his costs and disbursements up to the date of termination.

Webb v John Macdonald QC

The first case, Webb v John McDonald QC and Another, concerned whether practitioners were obliged to put forward all points asserted by their client, irrespective of merit and whether, in the light of their client’s insistence to put forward such points, it was appropriate to threaten to cease to act. The claimant, Mr Webb, was legally aided in the underlying claim and so special considerations applied to the retainer—but notwithstanding that, points of general principle emerged.

The facts

Mr

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll