The Law Society v Beller

Solicitor – Law Society. The Law Society had intervened in the defendant solicitor's practice. The defendant entered into an Individual Voluntary Arrangement (IVA), excluding work in progress. Amounts owed to him were agreed with former clients and paid into court (the fund). The Law Society contended that it was entitled to the fund. A master ordered the fund to be paid to the defendant. The Chancery Division, dismissing the Law Society's appeal, held that, in view of the IVA, the Law Society had had no claim against the claimant for intervention costs and it could not contend that the statutory trust had empowered it to satisfy the claim from sums vesting in it. There was no justification for any part of the fund being paid to the Law Society in respect compensation paid to the defendant's former client from the fund.

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