Ring v. Kennedy [1997] IEHC 127; [1999] 3 IR 316 (18th July, 1997)

Ring v. Kennedy [1997] IEHC 127; [1999] 3 IR 316 (18th July, 1997)

The defendant's lien over the plaintiffs' title deeds is limited to costs owed by the plaintiffs personally, not to costs owed by related companies. Upon tender of the agreed amount due by the plaintiffs, the defendant must return the title deeds.

Citation
[1999] 3 IR 316
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Civil / Judgment
Outcome
order granted for delivery up of documents
Legal Topics
Retaining Lien, Solicitor Client Relationship, Title Deeds, Costs Recovery
Property Law Solicitors' Liens Retaining Lien Solicitor Client Relationship Title Deeds Costs Recovery

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant solicitor is entitled to retain the plaintiffs' title deeds as security for costs owed by the plaintiffs and related companies
  2. 2 Whether the solicitor's lien extends to costs owed by companies owned or controlled by the plaintiffs

Ratio Decidendi

The defendant's lien over the plaintiffs' title deeds is limited to costs owed by the plaintiffs personally, not to costs owed by related companies. Upon tender of the agreed amount due by the plaintiffs, the defendant must return the title deeds.

Court Disposition

order granted for delivery up of documents

Orders

  • Defendant to deliver all title deeds, correspondence, and attendances relevant to the premises to the plaintiffs through their solicitors by 5 p.m. on 25th July, 1997.
  • Defendant may negotiate the demand draft at any time.