Where a firm of solicitors had taken out a charge on its client's property as security in respect of fees and disbursements which entitled them to interest on such monies owing, it was regarded as having waived its rights under the Solicitors Act 1974 s.73 as it was a security that was inconsistent with the original lien. However, an equitable charge arose in favour of the solicitors where the client had tacitly agreed to settlement monies being used to pay sums owed.
[2005] EWHC 141 (Ch)