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What file papers can a client demand from their former solicitor? (Whale v Mooney Everett Solicitors Ltd)

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Published on: 28 June 2018

Published by a LexisNexis Dispute Resolution expert

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Article summary

Dispute Resolution analysis: Master Leonard dealt with an application made under section 68(1) of the Solicitors Act 1974 for delivery up of papers relating to the funding and costs of a personal injury claim—there has recently been a flood of such applications. In this case, it was held that given the solicitor had previously supplied (and on more than one occasion) funding documentation to the claimant, it would be wrong to order that the material be delivered up. The court found that all information that should have been supplied had been provided and ‘it is not the defendant’s fault that he did not retain it’. There was, within the retainer, a contractual entitlement to call for copies of some papers provided an administrative fee of £405 (including VAT) was first paid by the client. The court declared that both the term and fee were both reasonable. Analysis by Professor Dominic Regan, City Law School,...

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