Crociani -v- Crociani [2016] JRC 089C (27 April 2016)

Crociani -v- Crociani [2016] JRC 089C (27 April 2016)

The Court ordered that the first and second defendants must pay the full sum claimed by Carey Olsen into a designated account, with partial release to Carey Olsen, as a condition for Collas Crill to represent them and for Carey Olsen to transfer all files. The solicitor's lien extends to all client property, and the Court's discretion is exercised to balance justice and security for unpaid fees.

Citation
[2016] JRC 089C
Parties
Defendant: First Defendant; Defendant: Second Defendant; Former Advocate: Carey Olsen; Current Advocate: Collas Crill
Jurisdiction
Jersey
Judgment Date
27 April 2016
Procedural Posture
Civil / Interlocutory Order Regarding Representation and Solicitor's Lien
Outcome
Interlocutory orders granted; Collas Crill permitted to represent first and second defendants upon payment of security; partial release of funds to Carey Olsen; transfer of files ordered.
Legal Topics
Solicitor's Lien, Representation, Fee Dispute, Release of Client Files
Civil Procedure Legal Ethics Solicitor's Lien Representation Fee Dispute Release of Client Files

Case Brief

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Parties

First Defendant

Defendant

Second Defendant

Defendant

Carey Olsen

Former Advocate

Collas Crill

Current Advocate

Procedural Posture

Civil / Interlocutory Order Regarding Representation and Solicitor's Lien

Legal Issues

  1. 1 Whether Collas Crill can represent the first and second defendants despite unpaid fees to Carey Olsen
  2. 2 Whether Carey Olsen must release client files to Collas Crill
  3. 3 Whether security for unpaid fees should be ordered

Ratio Decidendi

The Court ordered that the first and second defendants must pay the full sum claimed by Carey Olsen into a designated account, with partial release to Carey Olsen, as a condition for Collas Crill to represent them and for Carey Olsen to transfer all files. The solicitor's lien extends to all client property, and the Court's discretion is exercised to balance justice and security for unpaid fees.

Court Disposition

Interlocutory orders granted; Collas Crill permitted to represent first and second defendants upon payment of security; partial release of funds to Carey Olsen; transfer of files ordered.

Orders

  • First and second defendants to pay £1,019,312.61 into designated account within seven days.
  • Upon payment, £75,962.61 (disbursements) and £471,675 (half outstanding fees) to be released to Carey Olsen.