Lien or charge?

Clifford Harris & Co v Solland International Ltd [2004] EWHC 2488; ChD SJ 3 December 2004

The claimant solicitors acted for the defendant in proceedings that were settled on the basis of a payment to the defendant. The defendant executed a legal charge over its property in favour of the claimant solicitors securing their costs of the legal action. When the claimant commenced proceedings under CPR Part 8 for a declaration that it was entitled to a charge on the sum recovered under the terms of the settlement, the defendant sought summary judgment on the ground that the taking of security by a solicitor was a waiver of his right to a common law lien.