SRA Update
Civil recovery – acting for a retailer
SRA Update Issue 12 – February 2010
If you act for a retailer who is considering taking, or threatening to take, an action against its customers or employees for civil recovery of its costs, you may need to consider and weigh up the duties you owe to your client against those you owe to third parties and to the court.
We continue to work with Citizens Advice and other stakeholders in connection with Unreasonable Demands?—a recently published report about retailers who pursue, or threaten to pursue, civil claims against alleged shoplifters.
Solicitors have a duty to act in the best interests of their clients, but they also owe duties to third parties, particularly if they are unrepresented and, therefore, vulnerable. In December 2009, we addressed this scenario in Question of Ethics.