MARSH v SOFAER
[2007] Lloyd's Rep PN 10
HIGH COURT(CHANCERY DIVISION)
Before Sir Andrew Morritt V-C
Solicitors – Mental incapacity – Duty to ascertain
sufficient mental capacity – Application to strike out – Implied term – Whether
breach of duty of confidence for the solicitor to communicate the views of the
solicitors under that retainer to the solicitor under a retainer to conduct the
defence to criminal proceedings – Whether it could be implied in the
circumstances of the case that the claimant’s permission for such a
communication had been or would be granted.