Liens Aclt
Leo Abse and Cohen v Evan G Jones Builders Limited [1984] WL 282817
Eveleigh LJ explained that a solicitor who is discharged by clients in a case they are entitled to hold the papers until his fees are paid.
Overview
Defintion: Preserving Lien
Definition: Retaining Lien
Loescher v Dean [1950] Ch 491
Case law on retaining liens. Sets out that as long as the property over which the lien is to be exercised comes into the solicitor’s possession through their position, then they have a lien over that property until their fees are discharged.
Withers LLP v Rybak [2011] EWHC 1151 (Ch)
Case law on retaining liens. Confirms that the definition of property covers monies held in client account.
Halvanon Insurance Co Ltd v Central Reinsurance Corporation and another [1988] 3All ER 857
Application for a preserving lien the solicitors will need to show: ☑ they were instructed by the party; ☑ that they have unpaid fees owing, ☑ that the property in respect of which they seek an order is property recovered, or preserved, or the proceeds of a judgment; and ☑ it was recovered as a result of their work.
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