How have the courts treated the profession recently?
In its round-up of recent cases, Mills & Reeve looks at a solicitor’s duty at a mediation, when drafting a will for an elderly client, and a limitation claim that revisits the issue of when time runs in a compromised litigation claim.
Frost v Wake Smith and Tofields Solicitors concerns the extent of a solicitor’s duty to achieve a final binding agreement at a mediation.
The underlying claim concerned an acrimonious dispute between two brothers. They ended up at a mediation, where the mediator performed a ‘small miracle’ in getting the parties to reach and sign an agreement in principle. Subsequently, the other brother raised objections and a second mediation took place where resolution was achieved…
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