Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Solicitor's retaining lien
  • 4 Jan 2007

    LI FU YAT TSO AND OTHERS v. GEORGE Y C MOK & CO (a firm)

    Citation
    LI FU YAT TSO AND OTHERS v. GEORGE Y C MOK & CO (a firm)
    Court
    Court of First Instance
    Case number
    HCA2967/2004

    The court held the defendant had a valid retaining lien over the disputed papers. The account for $42,000 related to separate legal advice given to the 1st Plaintiff after the breakdown with Arta and so the 1st Plaintiff was liable; alternatively, because the defendant had been jointly instructed, both Arta and the 1st Plaintiff were contractually liable and the solicitor could look to either for payment. A lien does not require a rendered bill where work has been performed and documents are in the solicitor's possession. Accordingly the defendant was entitled to withhold documents until paym…