The Gazette 1911-12

DECEMBER, 1911] The Gazette of the Incorporated Law Society of Ireland.

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

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