The Gazette 1949-1952

solicitors applied for a charging order in respect of their own costs under the Solicitors Act, 1932, Section 59 which is similar in terms to Section 3 of the Legal Practitioners (Ireland) Act, 1876. The sum of £268 4s. 9d. had been lodged by the defendant’ s solicitors, as they were bound to do, in the client account opened by them. They also claimed a retaining lien in respect o f money in the client account belonging to the defendant. The re­ taining lien would give them merely a passive right to retain the money until their costs had been paid. It was submitted by the plaintiff that the lien could not exist in respect of trust monies in the client account. Harmon, J., said that he could see no reason why a solicitor, if he had money in his possession, had not an ordinary lien over it the fact that he put it in a client account would not mean that it was any the less his account, although it was earmarked in that way, and it seemed that the client could not come and ask for the handing over of the money. It would be an answer to say, “ You have not paid my bill and I shall not pay you your money until you have. Consequently, the money not being money which the debtor could obtain from the solicitor without paying his bill, the creditor’s rights under the garnishee order are subject to the solicitors’ retaining lien, and the garnishee order against it must be discharged to the extent of the solicitors’ right to their lien. The Court also held, although it was not necessary to decide the point, that the sum of £268 4s. 9d. which was payable under the Order of the Court as a con­ dition precedent to the order for specific performance by the defendant was not property recovered or preserved through the instrumentality o f the defendant’s solicitor. Accordingly, there was no right to a charge thereon for the defendant’s solicitors’ costs, and the solicitor was limited to the passive remedy of his retaining lien over the money in the client bank account in his name. Sale by trustees—better offer received In Buttle & Anor. v. Saunders & Anor. (66 T .L.R . 1026), litigation arose out of a situation which occurs sometimes in a solicitor s practice. The defendants were the trustees of certain premises held on statutory trusts for sale under the English Law of Property Act, 1925. The plaintiffs were some o f the beneficiaries interested under the trust, and they sought an injunction to prevent the trustees from spiling the property for the sum of £6,142. The sum of £6,000 had been offered by a Mrs. Simpson for the trustees’ interest in the property. A draft contract had been prepared and submitted to Mrs. Simpson’ s solicitors who agreed to all terms in

INQUIRIES THE LABOURERS’ ACTS—COSTS Inspectors appointed by the Local Government Department who hold inquiries relating to the compulsory acquisition of land for labourers plots have been accustomed to order payment of the costs of successful objectors limited to 10/6 in respect o f each plot. This Society regards this payment as inadequate, and representations were made some years ago to the Department pointing out that by virtue of Section 91 o f the Local Government Act, 1946, the power to award costs was not limited to the sum of 10/6. The Society has been informed that in several cases recently, the inspector has directed a contribution of three guineas towards the objector’s costs to be paid by the local authority. As this may not be generally known, it is thought desirable to draw the attention o f the profession to the matter so that the precedent established may be followed in other cases. In the particular case concerned, the objections were successful, but the power o f the Minister to order payment in such cases seems to exist equally where the objection is unsuccessful. PROFESSIONAL ITEMS Solicitors lien over monies lodged to clients account A solicitor whose costs have not been paid has two remedies open to him in addition to the usual remedy of suing for the debt. One is the general retaining lien over property of the client in his possession until the costs due have been paid. This is a common law right which is independent of statute. The other is the statutory right under section 3 of the Legal Practitioners (Ireland) Act, 1876, enabling the solicitor to apply to the Court for an order charging his costs in an action on property which has been recovered through his exertions .in such proceedings. In Loescher v. Dean (1950, 2 All E.R. 124), the plaintiff obtained a decree for specific performance of a contract for the sale of certain property subject to payment by him to the defendant of a sum of £268 4s. 9c!. The plaintiff was awarded the costs of the action. On April 17th the sum of £268 4s. 9d., mentioned in the Order, was paid to the defendant’s solicitors in exchange for a conveyance of the property to the plaintiff. On the same day, the plaintiff successfully garnished all debts due from the defendant’s solicitor to the defendant in respect of costs which had been taxed at £268 16s. jd. On April 19th after service of the garnishee order upon them, the defendant s UNDER