Bott & Co Solicitors Ltd (Appellant) v Ryanair DAC (Respondent) скачать в хорошем качестве

Bott & Co Solicitors Ltd (Appellant) v Ryanair DAC (Respondent)

Judgment has been given this morning by the Supreme Court of the United Kingdom in the following case: Bott & Co Solicitors Ltd (Appellant) v Ryanair DAC (Respondent) – UKSC 2019/0054 Court of Appeal (Civil Division) The appellant is a solicitors' firm which deals with flight delay compensation claims on a "no win, no fee" basis. When it accepted a case, the appellant would send a letter before action to the relevant airline and ask for payment to be made to the appellant's client account. If this occurred, the appellant would check the payment, deduct its fees, and then pay the balance of the sum to the customer. If the airline failed to respond or disputed the claim, the appellant would consider issuing proceedings. In approximately February 2016, the respondent, Ryanair, stopped dealing with the appellant on outstanding claims. Instead, it began to deal directly with the appellant's clients and to pay compensation directly to them. The appellant issued proceedings against Ryanair; one of the issues in the case was whether the appellant had an equitable lien over its fees. The High Court and the Court of Appeal rejected this argument and dismissed the appellant’s claim. The appellant now appeals to the Supreme Court. The issue is: What are the limits to the principle (as espoused in Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd [2018] UKSC 21) under which a solicitor can ask the Court to grant an equitable lien in order to protect his entitlement to fees as against his client? The Supreme Court allows Bott’s appeal by a 3-2 majority. The majority judges, Lord Burrows, Lady Arden and Lord Briggs, give three separate judgments but all agree with the test for an equitable lien adopted by Lord Burrows. Lord Leggatt and Lady Rose jointly dissent. More information is available on our website.