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02 April 2019

Evelyn Donaghy V JJ Haughey Solicitors Limited

Attached please find recent judgment from McBride J which includes guidance to the profession on the court’s supervisory jurisdiction over the exercise of a solicitors’ lien -

Application by plaintiff for an order for delivery up of papers and files held by her former solicitors in circumstances where the solicitors have refused to deliver them up. - lien for payment of costs. - guidance to the profession on the court's supervisory jurisdiction over the exercise of a solicitors' lien. - solicitor had terminated the retainer since the client was not co-operating in the enforcement of the settlement terms of a will and made a complaint about the solicitor to the Law Society . - plaintiff was seeking the papers for a limited purpose in on-going litigation. - interests of justice. - list of factors which the court may consider relevant to the exercise of its discretion. - HELD that order made providing the solicitor with security for costs by way of charge over mortgage prior to files being released

High court

21 February 2019

 



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