Jurisdiction(s):
United Kingdom

England and Wales Court of Appeal: No assumed duty to advise prospective client pre-retainer where advice disclaimed—Miller v Irwin Mitchell [2024] EWCA Civ 53

Published on: 14 February 2024

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Article summary

Miller v Irwin Mitchell LLP [2024] EWCA Civ 53

What are the practical implications of this case?

Where, in the onboarding of a prospective client, solicitors expressly state that no advice is being provided and that there is no duty to advise, they will not incur liability for the absence of advice, even if it later emerges that the omission could gravely disadvantage the client’s case when they are subsequently accepted as a client. It remains vital that this is communicated to the prospective client during the period before any retainer is concluded. That clarification should be repeated in early communications before any formal instructions are finally agreed.

What was the background?

Mrs Miller arranged an all-inclusive holiday in Turkey via an agency called Lowcostholidays Spain SLU. An entity referred to as LTS acted as the intermediary between the hotel owners and Lowcost, and LTS supplied a representative at the hotel. On 13 May 2014, while staying at the hotel, Mrs Miller fell and sustained a severe open fracture of her leg...

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