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[2010] EWCA Civ 122
[2010] 09 EG 166 (CS)
Solicitor Termination of retainer
Court of Appeal
Sir Mark Potter P and Dyson and Maurice Kay LJJ
23 February 2010
Solicitor - Retainer to issue and conduct proceedings - Respondent client insisting on advancing claim on grounds that appellant solicitor and counsel considering unarguable - Appellant terminating retainer and issuing final bill - Assessment of fees - R 12.12 of Solicitors* Practice Rules ig90 - Whether fees should be disallowed - Whether solicitor entitled to terminate retainer - Appeal allowed
In June 2005, the respondent retained the appellant firm of solicitors to advise on and prosecute proceedings, under section 288 of the Town and Country Planning Act 1990, to quash a planning inspector's decision confirming a grant of planning permission. Specialist counsel advised that there was no reasonable prospect of a successful challenge on a point of law but the respondent instructed the appellant to issue proceedings. The claim form included f our grounds that the respondent wanted to advance.
Thereafter, new counsel was instructed. He drafted a skeleton argument that included only the first ground, relating to the misapplication of a planning policy, as being the sole ground that was properly arguable. The respondent objected and demanded that the other three matters be included. The matter was not resolved and, in February 2006, the appellant terminated its...