Edition 4015: LawNewsIndex is a UK based daily legal news archive on Law, Lawyers, Law Firms, Justice, Jurisprudence, Legislation, Litigation, Legal Ethics & Human Rights since 2011.
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Today's Highlighted Video Story: The Appellant acted as solicitor for Peak Hotels & Resorts Ltd
(“PHRL”), a company incorporated in 2014 in the British Virgin Islands
(“BVI”). The Appellant represented PHRL in extensive litigation in
England and other jurisdictions. PHRL was wound up in insolvency
proceedings in the BVI and the Respondents were appointed by the BVI
court to act as joint liquidators for PHRL. A dispute ensued between the
Appellant and Respondents about a claim by the Appellant for unpaid
legal fees owed to it by PHRL. The Respondents were ordered to pay some
of the Appellant’s legal costs. In proceedings before the High Court, it
was determined that a success fee was not recoverable from the
Respondents and that the Appellant had waived its equitable lien over
settlement monies that had been paid to PHRL during the litigation, when
the Appellant entered into a fixed fee agreement and deed of charge
with PHRL. The High Court held that the fixed fee agreement and the deed
of charge were inconsistent in some respects with the Appellant’s
rights under the pre-existing equitable lien. The Court of Appeal
dismissed the Appellant’s appeal on both issues. The Appellant now
appeals to the Supreme Court.
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