Solicitor—Retainer—Termination of retainer

Court of Appeal, Civil Division, Lloyd, Stanley Burnton LJJ and Morgan J, 3 Sep 2012

A solicitor was entitled to a lien on a file in circumstances where the client, not the solicitor, had terminated the retainer.

Joshua Munro (instructed by HMA Law) for the claimant. The defendant appeared in person.

The claimant instructed the defendant solicitors to act for her in litigation against an insurance company (the insurance litigation). The defendant was instructed under the terms of a retainer, which included provision for the claimant to terminate the retainer, provision for the defendant to terminate with notice, and the defendant’s entitlement to assert a lien for unpaid fees. The claimant later complained about the conduct of the insurance litigation. A senior member of the defendant, S, met with the claimant to discuss her complaint. They considered the fact that a case management conference (CMC) was due to take place in the insurance litigation the following