In its 29 June edition, Legal Week reported on the judgment in the case of The Football League v Edge Ellison, in which it was held that the solicitor advising the Football League on the sale of its broadcast rights to ITV Digital in 2000 did not have an implied duty to advise the League to consider seeking guarantees from ITV Digital’s ultimate parents, Carlton and Granada, in respect of the £315m payable under the contract.
In that article, Legal Week reported the reaction to the judgment by some City partners who suggested that if lawyers did not assume responsibility for giving such advice, they would be falling short of their client’s expectations. Clients are indeed entitled to expect their lawyers to be commercially astute, and, in some situations, lawyers do – and indeed must – give what amounts to commercial advice. However, a closer look at the Football League decision shows it to be consistent with this expectation and in line with previous decisions on the point.
