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PRACTICE: Does duty call?

20 July 2012  

David Robinson contemplates a recent case on the extent of a solicitor’s duties

In a decision that will be welcomed by solicitors and professional indemnity insurers alike, the High Court in Shepherd Construction Ltd v Pinsent Masons LLP [2012] held that the duties owed by a firm of solicitors were invariably determined by reference to its retainer(s). A firm would not assume responsibility for all previous advices provided by predecessor firms and an argument to the contrary, based on the notion of a continuing retainer implied by discrete commissions, was unsustainable.

Additional Info

  • Case(s) Referenced:

    Shepherd Construction Ltd v Pinsent Masons LLP [2012] EWHC 43 (TCC)