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.