header-logo header-logo

01 April 2022 / Anthony Field
Issue: 7973 / Categories: Features , Profession , Procedure & practice
printer mail-detail

The (new look) solicitor’s equitable lien

77120
Bott & Co v Ryanair is an important development for access to justice, writes Anthony Field
  • Considers the landmark case on solicitor’s lien, Bott & Co v Ryanair, including at lower courts and Supreme Court, and the reasons for the decision.

On 16 March 2022, the Supreme Court handed down a landmark decision in the case of Bott & Co Solicitors Limited v Ryanair DAC [2022] UKSC 8, [2022] All ER (D) 54 (Mar). The judgment has developed the law of a solicitor’s equitable lien that has existed for more than 200 years and the decision will resonate across the legal profession. It is an important case for access to justice.

The solicitor’s equitable lien

In its traditional form, the solicitor’s equitable lien entitles a solicitor who acts for a client in litigation to recoup their fees out of the money recovered by their client. However, if the opposing party pays the money directly to the client, having been made aware of the solicitor’s entitlement to be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
back-to-top-scroll