West Hampstead Management Company Limited v Pearl Property Limited

Where solicitors are on the record for an appellant but are unwilling to act until outstanding costs and expenses have been paid, the Court of Appeal may remove them from the record. The order is appropriate where the solicitors are not properly in funds for the forthcoming hearing. The client may thereafter reinstruct the solicitors if the outstanding sums are paid and adequate funds are provided.

An appeal had been brought from a decision of the Lands Tribunal. Solicitors were named on the appellant’s notice and subsequently signed an amended notice, so they were on the record as acting for the appellant. They applied to be removed because earlier costs, counsel’s fees and their own bill remained unpaid, and they were unwilling to act without being properly funded for the appeal hearing.

1. Application granted. The solicitors were removed from the record as acting for the appellant.
2. The solicitors had been placed on the record by the appellant’s notices. Their status was therefore not in dispute.
3. The firm had made clear that it would not act until outstanding costs and counsel’s fees had been paid. Although payments had subsequently been made and the parties disputed the precise balance, the solicitors remained without adequate funds for the forthcoming hearing.
4. In those circumstances, the court was bound to make the order sought. The order did not prevent the company from reinstructing the firm if the sums due were paid and the solicitors were placed properly in funds.

• Lands Tribunal: Decision given on 19 November; the appellant sought permission to appeal.
• Court of Appeal (Civil Division): Permission to appeal and permission to amend the appellant’s notice were granted. On the present application, the solicitors were removed from the record.