Withers LLP v Langbar International Ltd [2011] EWCA Civ 1419, [2011] All ER (D) 22 (Dec)
Court of Appeal, Civil Division, Lloyd, Kitchen LLJ and Sir Robin Jacob, 5 Dec 2011
In determining whether a lien existed over money in a solicitor’s client account, the question was whether the terms on which the money was paid into the account were compatible with the money being subject to a lien in favour of the solicitor.
Joanna Smith QC and Sebastian Allen (instructed by Withers LLP) for Withers. Andrew Fletcher QC and Charlotte Eborall (instructed by Jones Day) for the respondents.
Clients of Withers LLP, a firm of solicitors, had been sued for a substantial sum by the respondents. In April 2008, the proceedings were settled by an agreement by which the clients agreed to pay around £30m to the respondents. The £30m was warranted by the clients to equate to nearly all of their worldwide assets. The agreement contained a provision about the payment to the respondents of a sum of money which would be raised by sale or mortgage of an
