Q&As

In a dispute about monies owed, where party A has taken lien over the property of party B, can party B issue proceedings and pay money into the court to secure the property?

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Published on LexisPSL on 21/09/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • In a dispute about monies owed, where party A has taken lien over the property of party B, can party B issue proceedings and pay money into the court to secure the property?

A particular lien at common law is the right to retain goods for which charges have been incurred until those charges have been paid. If the owner of the goods is willing to pay the charges, the goods may not be retained until any general balance due to the person who has the particular lien has been paid.

So, for example, a garage proprietor is entitled to a particular lien for la

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