Somers v Erskine

• Jurisdiction: Ireland
• Judgment Date: 01 January 1943
• Date: 01 January 1943
• Court: Supreme Court

(S.C.),

Erskine

and

Somers

- Solicitor and client - Mortgage by client to secure costs due to solicitor - Costs not taxed at date of mortgage - Interest - Whether chargeable in respect of period prior to taxation -Appeal by mortgagor to Supreme Court - Appeal dismissed as to ten out of eleven grounds of appeal - Whether mortgagee should be allowed costs of appeal.

A solicitor, having carried out certain professional work for a client and having advanced to him various sums of money, took from the client a legal mortgage of leasehold premises which was intended to secure paymentof the costs and outlay in respect of such work and repayment of the advances. At the date of the mortgage the costs had not been taxed, nor had a bill been furnished to the client. Some years later, on the application of the mortgagee, an order was made declaring the mortgage debt well charged and directing an account to be taken of the amount due, and subsequently the costs secured by the mortgage were taxed. The Examiner in his certificate as to the amount due on foot of the mortgage allowed to the mortgagee interest on the taxed costs as from the date of the mortgage, and the High Court refused an application by the mortgagor to vary the Examiner's certificate. On appeal by the mortgagor to the Supreme Court seeking to have the order of the High Court reversed and the Examiner's certificate varied on eleven different grounds. Held...