The defendant’s solicitor paid the plaintiff direct, after notice of the plaintiff’s solicitor’s interest, and had to pay again. Lord Kenyon began:
‘The principle by which this application is to be decided was settled long ago, namely that the party should not run away with the fruits of the cause without satisfying the legal demands of his attorney, by whose industry, and in many instances at whose expense, those fruits are obtained.’
Lord Kenyon explained Lord Mansfield’s reference to assignment in Welsh v Hole in terms of equitable principle: ‘according to the rules of equity and honest dealing if the assignee give notice to the debtor of such assignment, he shall not afterwards be suffered to avail himself of a payment to the principal in fraud of such notice.’
Lord Kenyon
[1795] EngR 4137, (1795) 6 TR 361, (1795) 101 ER 595
Commonlii
England and Wales
Citing:
Explained – Welsh v Hole 6-Nov-1779
The plaintiff obtained judgment for pounds 20 and costs in a civil claim for assault, but then compromised the claim for a direct payment by the defendant of pounds 10. There was no collusion to defeat the solicitor’s right to payment of his bill. . .
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 . .
Cited – Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd CA 2-Dec-2015
Appeal by Edmondson against an Order dismissing Edmondson’s claim against Haven in respect of Haven’s conduct in settling on an inclusive basis personal injury claims directly with six clients of Edmondson with whom Edmondson had concluded . .
These lists may be incomplete.
Updated: 18 July 2021; Ref: scu.356482
