Advocai LLP, former counsel for the Plaintiff, brought a motion for a charging order against any proceeds from the Plaintiff's action, seeking to protect their unpaid fees and disbursements.
The court applied the three-part test for a charging order under section 34(1) of the Solicitors Act, finding that the Plaintiff's right to sue constituted 'property,' Advocai LLP's actions were instrumental in preserving the action and increasing settlement offers, and the Plaintiff was unable or unwilling to pay the outstanding account.
The court granted the charging order, allowing the Plaintiff 60 days to seek an assessment of the account.
