Solicitors entitled to charge over costs order made in favour of the now bankrupt defendant

This successful application was for a declaration that a law firm that represented the defendant in possession proceedings was entitled to a charge over the costs awarded to the defendant as against the plaintiff, despite the defendant's being declared bankrupt, in circumstances where there were two costs orders made, one in favour of the plaintiff and one in favour of the defendant, and the plaintiff sought to set-off one against the other.

The Defendant was declared bankrupt in the UK in 2004. The original Plaintiff bank, instituted proceedings for possession of the lands secured by charge on two folios. An order for possession was made in 2010. An application was brought to substitute the current Plaintiff for the initial Plaintiff and for leave to issue execution in respect of the order for possession. The court made an order substituting the Plaintiff and the application for leave to issue execution was struck out for non-appearance.