LIENS

CHAPTER 3 - LIENS

How does a lien operate?

Scope of Liens in General

For the scope of liens, one must have regard to the case of:-

Re Taylor, Stileman & Underwood concerned the following facts:-

Are there different types of lien?

(1)
GENERAL RETAINING LIEN

Can an item which has intrinsic value be retained by an attorney by way of a general retaining lien?

Hughes v. Hughes

Can a general retaining lien be enforced by way of a suit or is the right to such a lien passive?

Barratt v. Gough-Thomas

In other words....

Further to the case of Barratt v. Gough-Thomas, it was held that:-

QUALIFIED LIENS
The position where an attorney discharges himself

What is an attorney's obligations under a qualified lien?

Important cases with regards to Qualified Liens are:-

Robins v. Goldingham

Would a second attorney be in breach of his undertaking if he copied the documents for the benefit of the client?

Note the case of:
Bentley v. Gaisford

What was the outcome of Bentley v. Gaisford?

But what must the undertaking itself consist of?

Exceptional Circumstances

What are the powers of the court in exceptional circumstances?

Important cases to note for exceptional circumstances are:-

1)
Gamlen Chemical v. Rochem

2)
A v. B

A v. B (Cont'd)
Factors for the exercise of the court's discretion

3)
Ismail v. Richards Butler

UNQUALIFIED LIENS
The position where the client discharges the attorney

But is the unqualified lien problematic?

Have recommendations been made to reduce the problems attached to an unqualified lien?

Exceptions to the Unqualified Lien

1)
Clifford v. Turrill

2)
Hughes v. Hughes

DISCHARGE OF A LIEN

Waiver of a Lien Case

Re Taylor, Stileman & Underwood concerned the following facts:-

2)
PARTICULAR LIEN

Under a particular lien, an attorney has the right to retain:-

Re Meter Cabs Ltd.

An attorney's right to a particular lien may extend to:-

A particular lien also applies to the following property:-

How does a particular lien differ from a general retaining lien?

The term "lien" therefore, is a misnomer.

James Bibby v. Woods and Howard

An attorney would not be deprived of his lien for costs incurred:-

Set Off

Pringle v. Gloag

However, the general rule is:-