Cherrilow Ltd v Osmond Solicitors Ltd & Anor [2011] EWHC 3443 (QB) (20 December 2011)

Cherrilow Ltd v Osmond Solicitors Ltd & Anor [2011] EWHC 3443 (QB) (20 December 2011)

Cherrilow Limited is entitled to the solicitor's file as it paid all fees and no valid lien or privilege exists; the defendants' resistance was unjustified and motivated by a desire to conceal misconduct, warranting indemnity costs on a joint and several basis.

Citation
[2011] EWHC 3443 (QB)
Parties
Claimant: Cherrilow Limited; First Defendant: Osmond Solicitors Limited; Second Defendant: Richard Butler-Creagh
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
CPR Part 8 Proceedings / Judgment After Contested Hearing
Outcome
Claim allowed; relief granted to claimant; costs awarded on indemnity basis, joint and several liability.
Legal Topics
Solicitor's Lien, Disclosure Obligations, Legal Professional Privilege, Ownership of Solicitor's File, Indemnity Costs
Civil Procedure Property Law Legal Professional Privilege Solicitor's Lien Disclosure Obligations Ownership of Solicitor's File Indemnity Costs

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Parties

Cherrilow Limited

Claimant

Osmond Solicitors Limited

First Defendant

Richard Butler-Creagh

Second Defendant

Procedural Posture

CPR Part 8 Proceedings / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether Cherrilow Limited is entitled to the solicitor's file held by Osmond Solicitors Limited
  2. 2 Whether Osmond Solicitors Limited or Richard Butler-Creagh can assert a lien or privilege over the file
  3. 3 Whether the defendants should be jointly and severally liable for costs on the indemnity basis

Ratio Decidendi

Cherrilow Limited is entitled to the solicitor's file as it paid all fees and no valid lien or privilege exists; the defendants' resistance was unjustified and motivated by a desire to conceal misconduct, warranting indemnity costs on a joint and several basis.

Court Disposition

Claim allowed; relief granted to claimant; costs awarded on indemnity basis, joint and several liability.

Orders

  • Defendants to deliver up the solicitor's file to Cherrilow Limited unconditionally.
  • Defendants to pay Cherrilow Limited's costs on the indemnity basis, jointly and severally.