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09 February 2018 / Gerard Clarke
Issue: 7780 / Categories: Features , Commercial
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No lien, no rights?

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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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