BCS Corporate Acceptances Ltd & Ors v Terry

BCS Corporate Acceptances Ltd & Ors v Terry

Sums held in solicitor's client account for future legal fees remain a debt due to the client and are subject to interim third party debt order unless and until a bill is rendered; no abuse or non-disclosure by claimants; application to set aside or vary interim order dismissed.

Parties
Claimant: BCS Corporate Acceptances Limited; Claimant: BCS Offshore Funding Limited; Claimant: Mr John Taylor; Defendant: Daniel Terry
Jurisdiction
England and Wales
Judgment Date
07 September 2018
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
application dismissed
Legal Topics
Freezing Injunctions, Third Party Debt Orders, Solicitor Client Accounts, Non Disclosure, Abuse of Process
Civil Procedure Enforcement of Judgments Freezing Injunctions Third Party Debt Orders Solicitor Client Accounts Non Disclosure Abuse of Process

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Parties

BCS Corporate Acceptances Limited

Claimant

BCS Offshore Funding Limited

Claimant

Mr John Taylor

Claimant

Daniel Terry

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether funds in solicitor's client account are subject to freezing injunction and interim third party debt order
  2. 2 Whether interim third party debt order should be set aside or varied
  3. 3 Whether sums held for legal fees can be paid out under freezing injunction

Ratio Decidendi

Sums held in solicitor's client account for future legal fees remain a debt due to the client and are subject to interim third party debt order unless and until a bill is rendered; no abuse or non-disclosure by claimants; application to set aside or vary interim order dismissed.

Court Disposition

application dismissed

Orders

  • Defendant's application to set aside and/or vary interim third party debt order dismissed
  • No order for payment out of client account at this stage