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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

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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