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No lien, no rights?

09 February 2018 / Gerard Clarke
Issue: 7780 / Categories: Features , Commercial
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Gerard Clarke surveys the recent Harlequin Caribbean timeshare case, which confirms the importance of contracting for protection

  • Insurers and funders should take care to protect their premiums and fees by contract.
  • Absent contractual priority, insurers (and funders) will not have liens on litigation proceeds.
  • The ex parte James principle of insolvency law does not apply to officers of overseas courts.

All solicitors know (or should know) that they can assert a lien over money recovered by them for clients through litigation. Even apart from the modern statutory protection afforded by s 73 of the Solicitors Act 1974, which provides for a statutory charge in favour of a solicitor to protect fees and disbursements, the law has for centuries regarded it as unconscionable that the solicitor who brings about a financial recovery for a client should not be paid before the client is paid.

Liens for others?

Should the same principle apply to a barrister? What about a litigation funder or an after the event (ATE) insurer? The answer so far as a barrister is

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MOVERS & SHAKERS

Winckworth Sherwood—Arcangelo D’Apolito

Winckworth Sherwood—Arcangelo D’Apolito

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Sackers—John Card

Sackers—John Card

Pensions firm announces hire in project management team

Myers & Co—Kerry Boyle

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Staffordshire firm appoints head of commercial property

NEWS
NOTICE UNDER THE TRUSTEE ACT 1925 
HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)
NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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