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Legal triggers

01 April 2010 / David Burrows
Issue: 7411 & 7412 / Categories: Features , Family
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David Burrows unravels the complexities of solicitors’ retainer contracts

The beginning and an ending of respective solicitors’ retainer contracts are represented by Re Z [2009] EWHC 3621 (Fam) and Buxton v Mills-Owens [2010] EWCA Civ 122, [2010] All ER (D) 242 (Feb). Each case raises important practice issues. Re Z deals with a husband’s application that a firm of solicitors should stop acting for his estranged wife, where a partner in the firm had previously acted for him. Buxton deals with the termination by a solicitor of his retainer contract, and the consequences for the solicitor in terms of being paid.

Re Z makes depressing reading: the elegance and depth of Bodey J’s analysis is beset by resonances of a firm’s concern to keep a wealthy client (costs at the pre-issue stage were around £150,000, to which Mr Z found himself contributing £32,500 towards a particular five-week period (para 48)). Buxton, meanwhile, represents a principled approach—by solicitors and Bar—to termination of a retainer which could no longer be reasonably performed: the costs in issue

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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