Court of Appeal decision on solicitors’ retainers

The Court of Appeal has overturned the decisions of two lower courts, in ruling that a firm of solicitors was entitled to terminate their retainer with a client who had insisted that they advance “unarguable” points of law before the Court.

In reaching its decision in the case of Buxton v Mills-Owen [2008] EWHC 1831 (QB), the Court of Appeal took into account the fact that, pursuant to CPR 1.1, the overriding objective would not be furthered by litigants advancing hopeless arguments.

The Court also held that the appellant solicitors were entitled to be paid all fees incurred up to the date on which they had terminated their client’s retainer.

A complete version of the judgment can be viewed at the following link: http://www.bailii.org/ew/cases/EWCA/Civ/2010/122.html