Source: All England Reporter
Publisher Citation: [2010] All ER (D) 54 (Apr)
Neutral Citation: [2010] EWHC 479 (Ch)
Court: Chancery Division

Floyd J

Representation David Head (instructed by Wedlake Bell) for the claimant.
  Tom Leech (instructed by Henmans LLP) for the defendant.
Judgment Dates: 11 March 2010


Solicitor - Retainer - Terms and limits of retainer - Defendant firm being instructed by claimant on sale of businesses - Sale being conducted late and on less favourable terms than claimant wanting - Claimant submitting defendant negligent in giving advice - Whether defendant acting negligently.

The Case

Solicitor Retainer. The Chancery Division held that, although a solicitor was not normally required to give general commercial advice to a client, the defendant firm of solicitors retainer had extended to the provision of legal advice and assistance in relation to the advice complained of by the claimant, that the defendant had not ensured that its client was properly aware of the risks of proceeding with the transaction in the form of contract drafted, and that consequently, the defendant had been negligent in relation to the drafting of that contract.

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