Lismore Buildings Limited (In Receivership) v. Bank Of Ireland Finance Limited (No.2) [2000] IESC 2; [2000] 2 IR 316 (28th January, 2000)

Lismore Buildings Limited (In Receivership) v. Bank Of Ireland Finance Limited (No.2) [2000] IESC 2; [2000] 2 IR 316 (28th January, 2000)

The Solicitor is entitled to an Order charging all monies due and owing to the Plaintiff under the first and second Orders of the Court with the payment of all costs and outlay now due and owing, on a Solicitor and client basis, by the Plaintiff to the Solicitor arising out of the Solicitor’s conduct of these proceedings.

Citation
[2000] IESC 2
Parties
Plaintiff: Plaintiff Company; First Defendant: The Bank; Second Defendant: The Accountants; Third Defendant: The Quantity Surveyors; Fourth Defendant: The Auctioneers; Fifth Defendant: The Receiver
Jurisdiction
Ireland
Procedural Posture
Application Under Section 3 of the Legal Practitioners (ireland) Act, 1876 / Post Judgment Application for Charging Order
Outcome
Charging Order granted
Legal Topics
Solicitor's Lien, Charging Order, Costs Recovery, Priority of Claims
Civil Procedure Legal Profession Solicitor's Lien Charging Order Costs Recovery Priority of Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff Company

Plaintiff

The Bank

First Defendant

The Accountants

Second Defendant

The Quantity Surveyors

Third Defendant

The Auctioneers

Fourth Defendant

The Receiver

Fifth Defendant

Procedural Posture

Application Under Section 3 of the Legal Practitioners (ireland) Act, 1876 / Post Judgment Application for Charging Order

Legal Issues

  1. 1 Whether the Plaintiff's Solicitor is entitled to a Charging Order over monies recovered under court orders for costs
  2. 2 Scope and effect of a solicitor's lien and Charging Order under Section 3 of the Legal Practitioners (Ireland) Act, 1876

Ratio Decidendi

The Solicitor is entitled to an Order charging all monies due and owing to the Plaintiff under the first and second Orders of the Court with the payment of all costs and outlay now due and owing, on a Solicitor and client basis, by the Plaintiff to the Solicitor arising out of the Solicitor’s conduct of these proceedings.

Court Disposition

Charging Order granted

Orders

  • Order charging all monies recovered under the first and second Orders of the Court dated 11th February, 1998 with payment of all costs and outlay due and owing by the Plaintiff to his Solicitor arising out of the Solicitor’s conduct of these proceedings.