Home > News > David Holland QC to appear in important case on the so-called Solicitor’s lien in the Supreme Court this week

Candey Ltd v Russell Crumpler and Christopher Farmer (as Joint Liquidators of Peak Hotels and Resorts Limited (in liquidation)) UKSC 2020/0039 is listed for 2 and 3 March 2022 with David Holland QC, of Landmark Chambers, leading Stephen Robins of South Square.

This case involves consideration or what is called the solicitor’s lien which is in fact an equitable right a court of equity will enforce a charge in favour of a solicitor to allow it to claim its costs from sums which it has recovered successfully in any litigation. The case involves a question of when and in what circumstances the solicitor can waive its right to rely on that lien. The case will be important as a consideration of solicitor’s lien in detail perhaps in the Supreme Court for the first time and will be a general interest to litigation solicitors who want to protect their position so far as costs are concerned.

The facts of the case are complicated; however, they are all covered in the video linked below. The case involves a firm called Candy who have offices in Lincoln’s inn. They acted for a company called Peak, Peak was incorporated in 2014 in the British Virgin Islands, until it was put into liquidation in 2016, David Holland QC acts for the liquidators.

Video summary – David Holland QC sums up the key issues in the case and outlines the decisions which will need to be made in the Supreme Court.

Landmark’s property barristers appeared three times in the Supreme Court in the last four months, with and Candey Ltd v Russell Crumpler and Christopher Farmer (as Joint Liquidators of Peak Hotels and Resorts Limited (in liquidation)) UKSC 2020/0039 scheduled for 2 and 3 March.

Watch summaries of Croydon LBC v Kalonga with Justin Bates – hereFirstport Property Services ltd v Settlers Court RTM Company Ltd and others with Simon Allison, leading Kimberley Ziya (both of Landmark Chambers) – here; and Fearn and others v Board of Trustees of the Tate Gallery with Tom Weekes QC, leading Jacon Dean of 5BR and Richard Moules of Landmark Chambers – here.

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