Flanagan & Anor v Considine (Approved) [2023] IEHC 740 (20 December 2023)

Flanagan & Anor v Considine (Approved) [2023] IEHC 740 (20 December 2023)

The necessity for the plaintiffs to obtain the conveyancing file to prosecute their case outweighs the non-party solicitor's interest in enforcing the lien; discovery is ordered subject to undertakings preserving the lien and returning the files post-proceedings.

Citation
[2023] IEHC 740
Parties
Plaintiff/appellant: John Flanagan; Plaintiff/appellant: Lazarus Investments Limited; Defendant/respondent: Patrick Considine; Non Party: Patrick F. Molony & Company Solicitors
Jurisdiction
Ireland
Judgment Date
20 December 2023
Procedural Posture
Appeal / Post Judgment, High Court Review of Circuit Court Refusal of Non Party Discovery
Outcome
appeal allowed
Legal Topics
Non Party Discovery, Solicitor's Lien, Conveyancing File, Equitable Remedies
Civil Procedure Property Law Non Party Discovery Solicitor's Lien Conveyancing File Equitable Remedies

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Parties

John Flanagan

Plaintiff/appellant

Lazarus Investments Limited

Plaintiff/appellant

Patrick Considine

Defendant/respondent

Patrick F. Molony & Company Solicitors

Non Party

Procedural Posture

Appeal / Post Judgment, High Court Review of Circuit Court Refusal of Non Party Discovery

Legal Issues

  1. 1 Whether a solicitor's lien is a sufficient basis to refuse non-party discovery
  2. 2 Whether non-party discovery of a conveyancing file is warranted in the context of disputed property transfer
  3. 3 Balancing interests between solicitor's lien and necessity for discovery

Ratio Decidendi

The necessity for the plaintiffs to obtain the conveyancing file to prosecute their case outweighs the non-party solicitor's interest in enforcing the lien; discovery is ordered subject to undertakings preserving the lien and returning the files post-proceedings.

Court Disposition

appeal allowed

Orders

  • Non-party directed to make discovery of the conveyancing file subject to written undertakings by plaintiffs' solicitors to preserve and return files post-proceedings, without prejudice to solicitor's lien.
  • Plaintiffs to discharge costs of non-party associated with discovery.