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

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
back-to-top-scroll