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22 April 2010 / Victoria Sugden , Paul Castellani
Issue: 7414 / Categories: Features , Regulatory
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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

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NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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