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Hewett & Co. and Anor. -v- Sinclaire Roche & Temperley and Anor.

21st Oct 1997

[1997] 2 W.L.R. 401

David Bailey and David Allen acted in this matter involving documents held by one solicitor to another’s order – whether there was a breach of undertaking when photocopies were retained by the second solicitor – whether compensation payable under the Solicitors Act 1974

Solicitor – Costs – Lien – Plaintiffs having lien over client’s documents for unpaid fees – Client terminating retainer and requesting transfer of documents to defendants – Undertaking to hold documents to plaintiffs’ order – Defendants copying documents and sending copies to client – Whether breach of undertaking – Whether delivery up of documents and copies to be ordered – Whether plaintiffs entitled to compensation