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 does not extend to costs owed by the companies; it is limited to costs owed by the plaintiffs personally. Upon tender of the agreed amount for personal costs, the defendant must return the title deeds.

Citation
[1997] IEHC 127
Parties
Applicant: Plaintiffs; Respondent: Defendant
Jurisdiction
Ireland
Procedural Posture
Civil / Final Judgment
Outcome
Order granted in favour of plaintiffs
Legal Topics
Solicitor's Retaining Lien, Title Deeds, Costs Settlement
Property Law Solicitor Client Law Solicitor's Retaining Lien Title Deeds Costs Settlement

Case Brief

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Parties

Plaintiffs

Applicant

Defendant

Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant solicitor can retain title deeds of the plaintiffs' property for costs owed by associated companies
  2. 2 Whether the solicitor's lien extends to debts owed by companies controlled by the plaintiffs

Ratio Decidendi

The defendant's lien does not extend to costs owed by the companies; it is limited to costs owed by the plaintiffs personally. Upon tender of the agreed amount for personal costs, the defendant must return the title deeds.

Court Disposition

Order granted in favour of plaintiffs

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.