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24 April 2015 / David Burrows
Issue: 7649 / Categories: Features , Personal injury
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Start the clock

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When does a contractual retainer arise & when does legal advice privilege apply, asks David Burrows

At what point in a case can it be said that what a person has said to a lawyer—solicitor or barrister—is covered by the confidentiality of legal advice privilege (LAP). At what point is the lawyer’s insurer on risk? Are these two dates the same; and is this the date from which a lawyer’s retainer contract operates?

In these times of close regulation where a lawyer’s every move—or so it often seems—is capable of review by a regulatory body a surprising feature of outcomes focused regulation (the style of the new SRA Code of Conduct 2011 ) is that the Solicitors Regulation Authority seems not to know when its regulatory reign over a lawyer begins. The regulators have no barometer of which I am aware by which they can measure the critical moment at which lawyers are clearly within their regulatory clutches; nor does the SRA regard itself as having any arbitral role in defining this point. It seems

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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