000 01548cab a2200241 4500
001 ABS45345
008 090401t1991 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u52466
041 _aeng
245 _aRockeagle Ltd v Alsop Wilkinson
260 _c1991
350 _a0
490 _aWeekly Law Reports
_v(1991) 3 WLR 573-578(6)
520 _aCA 3 July 1991. A firm of solicitors, AW, agreed to act as stakeholder for the deposit for the sale of certain land by clients. Before completion the clients, who owed AW substantial sums in outstanding fees, went into receivership; their interest in the sale being assigned to the plaintiff company, R. AW were instructed by R and the purchaser to transfer the deposit to a new stakeholder. AW refused and on completion paid over part of the deposit to R, retaining the balance on account of the outstanding fees. In proceedings brought by R to recover the balance the judge held that AW had no arguable defence to the claim and entered summary judgement for R. AW appealed but this was dismissed on the grounds that the terms of the tripartite contract between a stakeholder, a vendor and a purchaser required the stakeholder to hold the deposit on behalf of both parties pending completion and therefore to pay it to the party entitled to receive it.
650 _aDEPOSIT
650 _aFEES
650 _aSOLICITORS
650 _aSTAKEHOLDER
650 _aVENDOR AND PURCHASER
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
948 _c04/03/1997
999 _c32494
_d32494