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The Court of Appeal affirmed a statutory charge against a client's property for unpaid legal fees.
The appellant appealed the granting of a charge against her property under s. 34(1) of the Solicitors Act.
The Court of Appeal affirmed the application judge's finding that the well-established three-step test for ordering a statutory charge was met, specifically that the appellant was unable or unwilling to pay the solicitor's fees.
The court found no palpable and overriding error in the application judge's discretionary decision, which was amply supported by the record.
The appeal was dismissed, and costs were awarded to the respondent.
