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The (new look) solicitor’s equitable lien

01 April 2022 / Anthony Field
Issue: 7973 / Categories: Features , Profession , Procedure & practice
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Bott & Co v Ryanair is an important development for access to justice, writes Anthony Field
  • Considers the landmark case on solicitor’s lien, Bott & Co v Ryanair, including at lower courts and Supreme Court, and the reasons for the decision.

On 16 March 2022, the Supreme Court handed down a landmark decision in the case of Bott & Co Solicitors Limited v Ryanair DAC [2022] UKSC 8, [2022] All ER (D) 54 (Mar). The judgment has developed the law of a solicitor’s equitable lien that has existed for more than 200 years and the decision will resonate across the legal profession. It is an important case for access to justice.

The solicitor’s equitable lien

In its traditional form, the solicitor’s equitable lien entitles a solicitor who acts for a client in litigation to recoup their fees out of the money recovered by their client. However, if the opposing party pays the money directly to the client, having been made aware of the solicitor’s entitlement to be paid its fees, and the client fails to pay the solicitor,

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