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