Practice and Procedure

FOOTBALL LEAGUE LTD (Claimant) v EDGE ELLISON (A Firm) (Defendant/Part 20 Claimant) & (1) ACTIVE RIGHTS MANAGEMENT LTD (2) CLIVE STEPHEN TOWNLEY (Part 20 Defendants) (2006)

PUBLISHED June 30, 2006

A solicitors' firm did not owe a general implied duty under its retainer to seek the instructions of a committee, which had been established to negotiate licences of media rights, as to a bidder's solvency or as to whether requests were to be made for parent company guarantees. However, the firm had, in the circumstances, breached its duty of care by failing to take instructions in respect of a financial paragraph in a bid document and by not seeking to negotiate the inclusion of guarantees in an agreement. Nominal damages were awarded as neither breach had caused substantial damage.

[2006] EWHC 1462 (Ch)