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Shepherd Construction Ltd v Pinsent Masons LLP [2012]
EWHC 43
Shepherd argued in this case that their solicitors were
under an ongoing duty to review the suitability of clauses in
standard sub-contracts that had been drafted by the solicitors some
time ago, but which were now ineffective due to a change in the law
and left Shepherd facing claims from third parties.
The Court did not agree, finding that on the facts there was no
general retainer to review and revise previous work stating
"there is something commercially and professionally worrying
if professional people are to be held responsible for reviewing all
previous advice or indeed services provided". Without a
specific retainer such a duty to review previous work will not
exist which will be good news to insurers and professionals
alike.
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