Twigg & Anor. v Kung

The appeal in *Twigg & Anor. v Kung* concerned the validity of a solicitor's lien. The appellants, Twigg and another, sought to challenge the lien claimed by the respondent, Kung, who had previously acted as their legal representative. The dispute revolved around whether Kung had provided sufficient notice of his lien to preserve it.

The central legal issues before the court were whether a solicitor's lien could be validly notified before it had crystallised, whether the authority given to a third party to receive documents constituted notice of the lien, and what degree of clarity was required in such a notice. The court also considered the effect of the passage of time and a change of solicitors on the enforceability of the lien.

The court reasoned that a solicitor's lien, which arises by operation of law, can be notified before it crystallises. It was held that the authority granted to a third party to receive documents on behalf of the client did not, in itself, constitute notice of the solicitor's lien. For a notice to be effective, it must be sufficiently clear and unambiguous to inform the recipient of the existence and nature of the lien. The court found that the notice provided in this instance lacked the necessary clarity.

Consequently, the appeal was dismissed, and the appellants were ordered to pay the costs of the respondent.