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

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll