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The solicitor's equitable lien : An update : 'Candey Ltd v Crumpler' [2023] 2 ALL ER 527
Quirk, Patrick Thomas
Quirk, Patrick Thomas
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Abstract
Liens appear in many forms and guises. Over two centuries ago, Grose J in 'Hammonds v Barclay' described a lien as "a right in one man to retain that which is in his possession belonging to another, till certain demands of him the person in possession are satisfied". It is a truism that creditors prefer to get their money back and, at least in the common law world, are generally better off when they have some kind of security. In the case of a common law lien, the source of this comfort lies usually in the possession of a 'thing'. The common law lien can cover "all papers, files, and documents that belong to the client that the solicitor received while representing the client. This can include files and documents relating to other matters which have been completed and which the client has already paid for". There are exclusions to what is potentially covered by a lien, including wills. Matters can become even more complicated when clients change their solicitors.
Keywords
costs, jurisprudence, liens, waiver, legal fees, Australia, United Kingdom
Date
2024
Type
Journal article
Journal
Book
Volume
32
Issue
2
Page Range
119-124
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
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Open Access Status
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All rights reserved
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Controlled
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