Welsh against Hole
| Jurisdiction | England & Wales |
| Judgment Date | 06 November 1779 |
| Date | 06 November 1779 |
| Court | Court of the King's Bench |
English Reports Citation: 99 E.R. 155
IN THE COURT OF KING'S BENCH
Referred to, Read v. Dupper, 1795, 6 T. R. 362. Applied, White v. Pearce, 1849, 7 Hare, 278. Modified, Brunsdon v. Allard, 1859, 2 El. & El. 26. Referred to, The Leader, 1868, L. R. 2 A. & E. 317. Explained and applied, Ross v. Buxton, 1889, 42 Ch. D. 198. Referred to, M'Cormack v. Ross [1894], 2 Ir. R. 550.
[238] cases argued and determined in the court of king's bench, in michaelmas tjskm, in the t\vent["eth yeak of the reign of george III. welsh against hole. Saturday, 6th Nov. 1779. If a plaintiff compromise the debt and costs with the defendant before the plaintiff's attorney has been paid, the Court will not oblige the defendant to pay him, unless he gave notice to the defendant not to settle with the plaintiff till his bill should be paid. [Referred to, Bead v. Dupper, 1795, 6 T. E. 362. Applied, White v. Pearce, 1849, 7 Hare, 278. Modified, Brunsdon v. Allo.nl, 1859, 2 El. & El. 26. Referred to, The Leader, 1868, L. R. 2 A. & E. 317. Explained and applied, Boss v. Buxton, 1889, 42 Ch. D. 198. Referred to, M'Cormack v. Boss [1894], 2 Ir. R. 550.] On a rule to shew cause, why the defendant should not pay to the plaintiff's attorney his bill of costs, the case was this : In an action of assault there was a verdict for the plaintiff, damages £20 judgment, and a writ of error brought. Pending the writ of error, the plaintiff personally compromised the debt with the defendant (who had lain in jail two years) and executed a release ; having accepted of ten guineas for the debt and costs. The Solicitor-General argued in support of the rule,-Cowper for the defendant. Lord Mansfield.-An attorney has a lien on the money recovered by his client, for his bill of costs; if the money come to his hands, he may retain to the amount of (a) C. B. T. 19 El. 4, Leon. 43. (b) Seacc. T. 30 El. 3 Leon. 205. (e) Scacc. T. 30 El. 2, Leon. 38. (d) B. 1, e. 82, 8. [Ef^] It is not usury for a country banker in discounting bills to take over and above the 5 per cent, discount, a commission, agreeable to the usage, upon the amount...
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Khans Solicitors (A Firm) v Chifuntwe and another
...them all in detail, we will first list the cases and then describe as shortly as we can what we derive from them. 11 The cases are: Welsh v Hole (1779) 1 Doug. 238 ; 99 E.R.155 (Lord Mansfield) Read v Dupper (1795) 6 T.R. 361 ; 101 E.R.595 (Lord Kenyon CJ) Ormerod v Tate (1801) 1 Ea......
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The Serious Fraud Office v Litigation Capital Ltd (a company incorporated in the Marshall Islands) and Others
...cases of collusive payment are cases in which the solicitor gave notice to the payer of its lien before payment was made ( Welsh v Hole (1779) 1 Doug 238, Read v Draper (1795) 6 TR 361, Ross v Buxton (1889) LR 42 Ch D 190 and Khans). In these cases, the “notice” in question bears strong sim......
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Brian Glasgow (the bankruptcy trustee of Harlequin Property SVG Ltd) v Els Law Ltd and Others The Bar Council of England and Wales (Intervener)
...right to the money. 47 A solicitor's lien on recoverieshas been recognised at common law since at least the decision of Lord Mansfield in Welsh v Hole (1799) 1 Douglas 238. By the time of Taylor v Popham (1806) 13 Ves. Jun. 59 it was referred to by the Lord Chancellor as something whose exi......
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Bott & Company Solicitors Ltd v Ryanair Dac
...must be sanctions for steps taken by parties to prevent the solicitor from receiving his costs out of the fruits of the action (as in Welsh v Hole (1779) 1 Doug KB 238). Those steps would, if not sanctioned, diminish the reliance that the solicitor would be prepared to place on the equitabl......
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THE CASE AGAINST THE EQUITABLE LIEN.
...but pay the client directly, they can, consistently with the law on equitable assignments, be ordered to pay again: see Welsh v Hole (1779) 1 Doug 238; 99 ER 155, 155-6 (Lord Mansfield); Read v Dupper (1795) 6 Term R 361; 101 ER 595, 596 (Lord Kenyon CJ) ('Read '). (70) George Bernard Shaw,......