INTRODUCTION
If we take the aspect of law, a lien is a form of welfare interest which has been permitted over an item of property to protect the payment of a debt or performance of some other obligation. The person who owns the properly and grants the lien is known as the lienor whereas the person who has the benefit of the lien is referred to as the lienee.
Section 171 of the Indian Contract Act, 1872 deals with the law of lien.
An advocate’s lien is thus the right of a lawyer as well as a remedy for a lawyer to hold a client's property or money until payment has been made for legal aid, advice and representation given. However the availability of this remedy does not exist for an advocate in India. The term ‘lien’ has been defined as a claim, encumbrance, or charge on property as security for the payment of some debt, obligation, or duty. There are two types of liens:
1. Consensual, which
…show more content…
Solland & Ors discusses about Common law lien and the statutory lien in which the Court’s opinion was that even though the right of a solicitor is meant to be lien regardless of it not being a true lien under the common law or the statute, which is existent only in the sense where the person who claims that the lien has the property which he claims to be subject to the lien in his possession.. Another aspect considered upon was that when there is a case of the solicitor's common law lien over his client's documents, there is a firm principle that a solicitor who takes substitute security from his client for his costs may be held to have waived his lien. Prima facie a solicitor has a lien for his charges upon the papers of his client. If the lien is lost, released, or waived in the same way as the liens which other persons hold, the different between the case of the other lien and a solicitor’s lien is that the solicitor has a duty to make the client aware of it if he intends to retain the lien or else his lien will be taken to be
This check represents full satisfaction of our lien and the claimant’s third-party action. As you know, we agreed to accept $30,000.00 in satisfaction of our lien. We reserved our rights to offset against future payments of compensation.
In this case, Success Assets Pty Ltd (Success) borrowed money from Statewest Credit Society Ltd (Statewest) to purchase land, and the land was mortgaged as security. The plaintiff entered into a guarantee in favour of Statewest which secured the loan and all future loans from Statewest to Success. Success used money borrowed from Home Building Society Ltd (Home) to pay the loan from Statewest. Statewest’s rights under the guarantee (which includes those relating to future loans) and Home’s rights under the were transferred to the defendant, Bank of Queensland (BOQ).
Present at the Lien Conference, in addition to the undersigned, was lien representative, Ms. Gina White, on behalf of Med Nation, Inc., United Health Services, and New Age Pharmacy. Lien representative, Mr. Bill Klomhous, was present on behalf of Encino Care Pharmacy and Comprehensive Interpreting. Lien representative, Ms. Blanca Rivera, was present on behalf
On September 16, 2015, the attorney, Rachel Macon, became involved in the case and requested an administrative review. On October 7, 2015, the hearing officer advised the Lien Unit that the acknowledgment of hearing request has been accepted. The original hearing was scheduled for January 5, 2016. On January 6, 2016, the Lien Unit received a letter from the hearing officer rescheduling hearing for March 10, 2016. On March 10, 2016, the hearing was continued until May 19, 2016. On May 19, 2016, the Lien Unit received partial information to verify that the account that was levied is a joint account. The Lien Unit has spoken with the attorney and the NCP about providing additional information regarding the joint account so that the Lien Unit can complete the calculations on the account. That is all at this
Florida Tax Lien Title, Inc. provides Municipal Lien Searches and HOA Estoppel letters and reports. We cover all 67 Florida counties. Municipal lien searches and HOA Estoppel research will further protect your client in a real estate transaction.
26.1)Mechanic's Lien. Ironwood Exploration, Inc. (Ironwood) owned a lease on oil and gas property located in Duchesne County, Utah. Ironwood contracted to have Lantz Drilling and Exploration Company, Inc. (Lantz), drill an oil well on the property. Therafter, Lantz rented equipment from Graco Fishing and Rental Tools, Inc. (Graco), for use in drilling the well. Graco billed Lantz for these rentals, but Lantz did not pay. Graco filed a notice of mechanic's lien on the well in the amount of $19,766. Ironwood, which had paid Lantz, refused to pay Graco. Graco sued to forclose on its
A municipal lien search is a search to investigate whether any unrecorded municipal liens or debts, such as real estate property taxes, municipal and county debts, code enforcement violations, special assessments, waste, water, sewer balances, and open or expired permits exist on a residential or commercial property. A municipal lien search will also assist title agents, real estate attorneys, and financial institutions in removing the standard exception for service charges, special assessments, and waste fees from title insurance policies and help facilitate real estate
This does not mean that liens can be applied in all cases or to all types of property and accounts, however, and an understanding of Texas law related to child support payments and liens is necessary before a client proceeds with any action. First, it is important to note that liens cannot be levied against employers for the wages of the parent that
A Mechanics Lien is a legal claim to real property until a debt has been paid. If you employ a trades person or contractor to work on your home and a dispute arises wherein you refuse to pay, the worker has a right to file a lien thus making the property responsible for payment. Mechanics' Liens must be recorded with the County recorder where the property is located. Liens must be enforced by a lawsuit to foreclose on the property within a specific time frame (varies from state to state -usually 90 up to 180 days) of the date of recording or they automatically become null, void and unenforceable. If this time has elapsed and the contractor has not filed a lawsuit within the time period allowed, then demand that he execute a release of lien in writing. If he refuses to cooperate then the homeowner can petition the courts for a decree to release the lien. This usually requires hiring an attorney, as the process can be somewhat complicated.
We’ve discussed the basics of the mechanics’ lien, that is has nothing to do with your mechanic, and how to avoid one, but what do you do when it’s past that point? What do you do when a mechanics’ lien is filed on your property?
This paper aims to explore the Legal Services Act 2007 and the impact the Act has had on the role of a Costs Lawyer since implementation.
But imagine for a minute if any financial burden (like a lien) is imposed on your property and at the same time you realize that it was never reported to you before nor does it exist in any official reports of the county where your house is located? What can protect you from such unexpected occurrence?
The main argument introduced in the debate considers whether a practicing solicitor can adhere to the traditional values of moral and ethical integrity that have been reinforced through a set of principles such as the Solicitors Regulation Authority Code of Conduct (SRA). The latter consists of ten mandatory principles that are the professional requirements expected of any solicitor. Traditionally, ethical and moral truthfulness have formed the basis of a competent lawyer and thus when adhering to the traditional principles placed upon lawyers, a lawyer was thought to abide to moral standards. I will aim to tackle the debate by arguing that the SRA provides a framework that allows lawyers to be good people. Secondly, I will also be discussing a lawyer’s moral responsibility. and that whilst ‘The lawyer is conventionally seen as a professional devoted to his client’s interest and…required, to do some things for that client which he would not do for himself’ his moral responsibility must not violate the SRA Code of conduct. Finally, it is imperative to explore the ethical dilemmas solicitors face when attempting to make their clients’ interests their own.
In this article, Justine Kirby (2000) analyzes the basic law, section 11 of the Contractual Remedies Act 1979, and acknowledged routines for "exchanging" commitments, and after
If parties enter into a contract that is reflective or derives from a mistake, under common law the contract may be void or voidable. The basis of this decision depends on the type of mistake. Shogun Finance Ltd v Hudson presented a unilateral mistake, in which only one party is mistaken, and in this case, a mistake as to the identity. The difficulty lies when judges must decide whether a contract is void or voidable, which will only protect one of the two arguably innocent parties, the original property owner or the bona fide purchaser. However, the approaches previously taken by the Courts have led to a lack of certainty and coherence in the interests of commercial transactions, and so the Shogun case presented an opportunity for clarification. I am going to raise the argument that the law of mistake is in need of a reform, by following Lord Millett’s proposal to no longer follow the cases Cundy v Lindsay and Ingram v Little. The reasoning within this argument will establish that the cases are inconsistent, lack support for third parties and fail to establish the authority of creditworthiness over identity in commercial contracts. Alternatively, the cases Phillips v Brooks and Lewis v Averay should be used to create a clear established line of case law which can be seen as a fair and practical approach towards mistake and protecting the bona fide purchaser.