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DECEMBER, 1911] The Gazette of the Incorporated Law Society of Ireland.
James J. Kerr, Pharmaceutical Chemist,
Clones.
George A. Knight, Clerk of Petty Sessions,
Clones.
Michael
Lucan,
Solicitor's
Assistant,
Wexford.
Joseph Murphy,
Solicitor's Assistant,
Enniskillen.
James B. Stewart, Auctioneer, Ennis
killen.
New Solicitors.
ADMISSIONS DURING NOVEMBER, 1911.
Name
•
Served Apprenticeship to
Boumphrey, John Tayler Graham A. Goold, Cork.
Dundon, John Joseph ...
John Dundon, Limerick,
Lardner, Matthew G. R.
James R. Lardncr,
Monagrhan.
Monks, Thomas Francis, Thomas F. Monks,
junior
Dublin.
Neilan, Patrick J.
Michael J. Heverin,
Roscommon.
Recent Decisions Affecting Solicitors.
(Notes of decisions, whether in reported or
unreported cases, of interest to Solicitors are
invited from Members.)
CHANCERY DIVISION (ENGLAND).
(Before Swinfen-Eady, J.)
In re Meter Cabs, Ltd.
October 25,
26,
1911.—
Solicitor—Costs-
Common Law lien—Property recovered
for Company—Costs incurred before and
after winding-tip.
THIS was a summons in the winding-up of
the Meter Cabs Company, Ltd., to determine
whether William Walker, Solicitor, had a
lien on a sum of £29 5s., which he had
recovered for the company, for his costs of
recovering it amounting to £23 16s. 9d.
In
October, 1909,
the Meter Cabs Company
made a claim against an Insurance Company
in respect of a fidelity guarantee policy, and
the matter was referred to arbitration. Mr.
Walker acted for the Meters Cabs Company.
On January 29, 1910,
the Meter Cabs
Company went into liquidation. Mr. Walker
was thereafter instructed by the liquidators
to continue the arbitration proceedings, and
eventually, on June 8, he obtained from the
Insurance Co. £29 5s. in settlement of the
claim and costs. Mr. Walker's costs were
incurred as to £20 before the Meters Cab Co.
went into liquidation, and as to the remainder
afterwards.
Swinfen-Eady, J.,
in giving
judgment,
said :—It is urged that the bulk of these
costs were incurred before the company went
into liquidation, and that for these costs
the liquidator must prove, and that he has
no lien for them as against the liquidators.
Now it is clear that at common law a
Solicitor has a particular lien on a fund
recovered by his exertions, as is the case here,
and there is no doubt that a common law
lien prevails notwithstanding the bankruptcy
of the client. His Lordship referred to three
cases, and continued :—Those are all cases
of the bankruptcy of individuals, but it makes
no difference whether the client going bank
rupt is an individual or a company. Buckley
(9th edit, at p. 398) says, ' semble '—" the
" Solicitor to a liquidator is entitled to a lien
" for his costs on a fund recovered in the
" winding-up through his instrumentality ; "
and in the recent case of
re Born, Curnock
v.
Born
(69 L.J. Ch. 669 (1900) 2 Ch. 433) it
was held that a Solicitor has a common law
lien in the winding-up on a fund recovered
for a company before it went into liquidation.
That case, I think, covers this.
I think Mr.
Walker has a lien on the money he has
recovered for all his costs incurred in recover
ing it and for the costs of establishing this
claim.
(Reported
The Law Journal,
Vol. xlvi.,
page 684).
CHANCERY DIVISION.
(Before Meredith, M.R.)
David, Donaldson, deceased — Donaldson
v.
Synnott and Others.
Nov. 19, 1911.—Copies
of Court Orders as
documents of title—Court copies
to be
furnished.
IN the above administration suit an order was
made on 10th November, 1906, giving the
plaintiff liberty, on giving the usual indemnity
as to costs, to take proceedings in the name
of the defendants, the executors of the sur
viving executor of the above-named David