Chapman (t/a Chapman & Co. Solicitors) v Wilson & Ors [2010] EWHC 1746 (Ch) (14 July 2010)

Chapman (t/a Chapman & Co. Solicitors) v Wilson & Ors [2010] EWHC 1746 (Ch) (14 July 2010)

The Loan Agreement and security documents, including the Assignments, were valid and enforceable; they did not constitute bills of sale of personal chattels under the Bills of Sale Acts 1878-1882. Solicitors' files are not personal chattels within the meaning of the Acts. Mr Chapman validly executed the April 2009 Assignment. LawFinance and the Receivers did not unlawfully interfere with Mr Chapman's files, as he consented to their removal and transfer. LawFinance is entitled to the sums due under the Loan Agreement and security.

Citation
[2010] EWHC 1746 (Ch)
Parties
Claimant: Carl Richard Chapman (trading as Chapman & Co. Solicitors); Defendant: David Frederick Wilson; Defendant: Julian Nigel Richard Pitts; Defendant: LawFinance Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2010
Procedural Posture
Chancery Division Commercial/contract/property / First Instance Judgment After Trial
Outcome
Claim dismissed; counterclaim succeeds in part
Legal Topics
Bills of Sale, Security Over Book Debts, Solicitors' Liens, Conversion, Receivership, Assignment of Legal Claims, Conditional Fee Agreements, Unlawful Interference With Goods
Commercial Law Insolvency Law Property Law Tort Law Bills of Sale Security Over Book Debts Solicitors' Liens Conversion +4 more

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Parties

Carl Richard Chapman (trading as Chapman & Co. Solicitors)

Claimant

David Frederick Wilson

Defendant

Julian Nigel Richard Pitts

Defendant

LawFinance Limited

Defendant

Procedural Posture

Chancery Division Commercial/contract/property / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether the Loan Agreement and security documents were valid and enforceable
  2. 2 Whether the Loan Agreement or Assignments were void as unregistered bills of sale under the Bills of Sale Acts 1878-1882
  3. 3 Whether solicitors' files are 'personal chattels' under the Acts

Ratio Decidendi

The Loan Agreement and security documents, including the Assignments, were valid and enforceable; they did not constitute bills of sale of personal chattels under the Bills of Sale Acts 1878-1882. Solicitors' files are not personal chattels within the meaning of the Acts. Mr Chapman validly executed the April 2009 Assignment. LawFinance and the Receivers did not unlawfully interfere with Mr Chapman's files, as he consented to their removal and transfer. LawFinance is entitled to the sums due under the Loan Agreement and security.

Court Disposition

Claim dismissed; counterclaim succeeds in part

Orders

  • Mr Chapman's claim for conversion and unlawful interference with goods is dismissed.
  • Declaration that LawFinance and the Receivers were validly appointed and entitled to enforce the security.