Ismail and Another v Richards Butler (A Firm): QBD 23 Feb 1996

A solicitor’s lien on papers can be set aside by the court to allow litigation to proceed, where there was a continuing retainer, and the lien was with regard to concluded matters. However, the release of the papers would reduce the value of the lien, and it may also be appropriate to require the client to provide some security for the costs. The power to order payment into court did not replace the equitable right of relief against the solicitors’ lien.


Gazette 06-Mar-1996, Times 23-Feb-1996


Rules of the Supreme Court Ord 29 r 6


CitedRobins v Goldingham 1872
Where a solicitor discharges himself in the course of an action, he should be subject to an order for the transfer of the papers subject to an order respecting his lien for any unpaid costs. . .
CitedGamlen Chemical Co (UK) Ltd v Rochem Ltd CA 4-Dec-1979
Solicitors accepted instructions against a promise of sums on account of costs. After non-payment they began to apply to be removed from the record. The new solicitors sought transfer of the solicitors file, and obtained an order to that effect . .
CitedA v B 1984
Solicitors acting for a ship owner incurred costs which remained unpaid by the client, and the solicitors arrested that client’s ship as security. The litigation was continuing. The solicitors took themselves off the court record and obtained . .
CitedHeslop v Metcalfe 1837
The court referred to the practice that where a solicitor removed himself from a case, an order should be made for the transfer of his file of papers: ‘Undoubtedly, that doctrine may expose a solicitor to a very great inconvenience and hardship, if, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Litigation Practice

Updated: 08 April 2022; Ref: scu.82437