Bentley v Gaisford - Court of Appeal (Sir Richard Scott V-C, Roch and Henry LJJ) - 21 October 1996

Solicitors’ retaining lien - Whether former solicitors entitled to compel delivery up of copies of documents made by new solicitors after undertaking to hold original documents to former solicitors’ order

The plaintiff solicitors acted for clients who were engaged in an arbitration dispute with shipowners under a charterparty. The plaintiffs’ client terminated their retainer during the course of the arbitration, and requested the plaintiffs to send immediately all documents involved in the arbitration to the new solicitors (the defendants in the present action).