Where the validity of a solicitor's retainer depends on a contested legal question that cannot be objectively determined, the solicitor is entitled to proceed on the basis that the issue should be judicially determined, and a court will not readily order the solicitor to bear costs under UCPR 42.3(2)(d). The discretionary approach in Zimmerman Holdings v Wales is preferred over the implied warranty of authority analysis in Yonge v Toynbee. An appellate court cannot set aside primary orders merely because all respondents file submitting appearances — it must first find error.
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