On or beyond the fringe of the retainer?
A solicitor (or other professional) is instructed to takes steps A, B and C that are required by a clause in a contract. He does so, but, sadly, the desired result is not achieved because the client has failed to take a further step (D) within a time limit spelt out in the same clause. Was the solicitor negligent in failing to warn the client that the timely taking of D was vital?
The answer given by Laddie J in Credit Lyonnais SA v Russell Jones & Walker [2002] EWHC 1310 (Ch); [2002] 2 EGLR 65, where the client wished to break a lease, was “yes”. However, the case should be treated with caution because it was plain from the instruction letter that the client had misunderstood the requisite time limit.
On or beyond the fringe of the retainer?
A solicitor (or other professional) is instructed to takes steps A, B and C that are required by a clause in a contract. He does so, but, sadly, the desired result is not achieved because the client has failed to take a further step (D) within a time limit spelt out in the same clause. Was the solicitor negligent in failing to warn the client that the timely taking of D was vital?
The answer given by Laddie J in Credit Lyonnais SA v Russell Jones & Walker [2002] EWHC 1310 (Ch); [2002] 2 EGLR 65, where the client wished to break a lease, was “yes”. However, the case should be treated with caution because it was plain from the instruction letter that the client had misunderstood the requisite time limit.
