Source: All England Reporter
Publisher Citation: [2002] All ER (D) 13 (Feb)
Court: Chancery Division
Judge:

Jacob J
Representation Stephen Davies QC (instructed by Osborne Clark) for the applicant.
  Victor Joffe (instructed by Dechert) for the respondents.
Judgment Dates: 31 January 2002

Catchwords

Solicitor - Lien - Lien over documents of title in respect of unpaid costs - Respondent company going into administration - Respondent owing applicant solicitors for legal work done in relation to certain land - Applicant having lien over documents of title - Respondent's administrators requesting documents of title held by applicant - Whether solicitors able to assert lien as against administrators.

The Case

In the context of insolvency, the court was often involved in a process in which it was asked to assess whether a creditor, or potential creditor was protected adequately by the provision of security. In the instant case, the respondent's alternative offer of security in place of the applicant's lien was too problematic and not acceptable. Accordingly, the applicant's application to assert its lien would be allowed.

Practice Areas

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