Hanley v JC & A Solicitors Ltd [2017] EWHC B28 (Costs) (19 December 2017)

Hanley v JC & A Solicitors Ltd [2017] EWHC B28 (Costs) (19 December 2017)

The court is not persuaded to order production of documents that do not belong to the claimant. There is no binding authority requiring solicitors to hand over papers over which they have proprietary rights. The claimant is entitled to documents belonging to him, but not to all documents or copies from the solicitor's file. The application is dismissed.

Citation
[2017] EWHC B28 (Costs)
Parties
Claimant: Mr Ian Hanley; Defendant: JC & A Solicitors Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Part 8 Claim (solicitors Act 1974) / Application for Delivery of Documents and Costs
Outcome
Application dismissed
Legal Topics
Solicitor Client Documents, Ownership of Legal Files, Solicitors Act 1974 Section 68, Conditional Fee Agreements, Costs Assessment, Data Protection Act 1998
Civil Procedure Legal Profession Solicitor Client Documents Ownership of Legal Files Solicitors Act 1974 Section 68 Conditional Fee Agreements Costs Assessment Data Protection Act 1998

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Parties

Mr Ian Hanley

Claimant

JC & A Solicitors Limited

Defendant

Procedural Posture

Part 8 Claim (solicitors Act 1974) / Application for Delivery of Documents and Costs

Legal Issues

  1. 1 Whether the court should order the defendant solicitors to deliver up or provide copies of documents from their file to the claimant, including documents over which the claimant does not have proprietary rights; whether the claimant is entitled to such documents to consider a detailed assessment of costs; whether the defendant's charges for providing copies are reasonable.

Ratio Decidendi

The court is not persuaded to order production of documents that do not belong to the claimant. There is no binding authority requiring solicitors to hand over papers over which they have proprietary rights. The claimant is entitled to documents belonging to him, but not to all documents or copies from the solicitor's file. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • No order as to costs