An attorney has a lien upon a sum awarded in favour of his client, as well as if recovered by judgment: and if after notice to the defendant the latter pay it over to the plaintiff, the plaintiff’s attorney may compel a repayment of it to himself, and he will not be prejudiced by a collusive release from the plaintiff to the defendant.
Lord Kenyon described the arrangement to pay the claimant direct as: ‘no other than a mere shuffle between the plaintiff and defendant to cheat the attorney of his lien.’
Lord Kenyon
[1801] EngR 256, (1801) 1 East 464, (1801) 102 ER 179
Commonlii
England and Wales
Cited by:
Cited – Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd SC 18-Apr-2018
The court was asked as to use of the solicitor’s equitable lien, whereby equity provided security for the recovery by solicitors of their agreed charges for the successful conduct of litigation, out of the fruits of that litigation. It is a . .
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Updated: 18 July 2021; Ref: scu.345502 br>