Getting your case file back — file retention, SARs and what to do when the solicitor's file is yours

REVIEWED BY: Sean McNamara on 2026-08-30

When your case ends — or when you change solicitors — your file holds everything: your statements, the bundle, disclosure, correspondence. You are entitled to it, but the rules have wrinkles (liens, retention periods, subject access rights). This guide explains your position. It is general information, not legal advice.

Who owns the file?

Documents you provided (instructions, original documents you gave your solicitor, your papers): yours — you can demand their return at any time
Documents the solicitor created (attendance notes, letters written for you, drafts, advice): these are your property too in the sense that you paid for the work — but the solicitor retains them in their records and must release them to you or to a new solicitor on request, subject only to payment for outstanding fees (see the lien point below)
Court documents: the court's file is separate; copies can be requested from the court

The solicitor's lien

A solicitor can assert a lien — a right to retain your file until their unpaid fees are paid. Key limits:

A lien over the file cannot be used to hold your case to ransom mid-litigation in a way that causes injustice — courts can order immediate release where retention would prejudice you, often with payment questions deferred
Original documents you supplied (deeds, certificates) are not subject to the lien — those must be returned on demand
If you cannot pay and the case is live, ask the court to direct release; the SRA (Solicitors Regulation Authority) expects firms to act reasonably

Retention periods — how long files are kept

Firms' own retention policies commonly keep client files for 6 to 12 years after matter closure, but periods vary; some now destroy sooner
Your right to the file doesn't depend on the firm's retention policy — but if they have destroyed it under policy, it's gone. Ask for your file promptly after your case concludes — don't assume it will be waiting years later
Ask for it electronically (PDF of the whole file) — cheaper, faster, and immune to loss in transit

Subject access requests (SARs) — the parallel right

Separate from the solicitor's file is your right under UK GDPR to personal data held about you:

A subject access request to a solicitor's firm, to Cafcass, to the local authority, or to the police gets you the personal data they hold — attendance notes about you, assessments, records
The organisation must respond within one month (extendable by two months for complex requests); the request is free in most cases
A SAR gets you your personal data, which is not always identical to the full case file (e.g. it may exclude third-party personal data, redacted)
If a body mishandles your SAR — late, incomplete, refusing without basis — you can complain to the Information Commissioner's Office (ICO)

Getting copies of court documents

The court file contains what was filed: statements, orders, bundles (as filed), judgments
Litigants to the case can request copies from the court office; a fee may apply for copy documents (family appeal/copy fees are published in the EX50A list)
Judgments and orders you're a party to: copies should be provided; ask the court office if you've lost yours
Family cases are confidential — third parties generally cannot access the file

Step-by-step: reclaiming your file

1. Write to your (former) solicitor asking for the complete file — specify electronic copy, including all correspondence in and out, attendance notes, and original documents 2. If they assert a lien or delay, reply in writing citing your right to the file and, where relevant, the court's power to order release 3. If they refuse, complain to the firm's complaints handler, then the Legal Ombudsman (service complaints) and/or the SRA (regulatory misconduct) 4. For records held by Cafcass, local authority or police, send a SAR to each organisation (keep copies of everything you send) 5. Store what you get safely — family files contain deeply personal data; keep digital copies encrypted or in a secure location

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to the SRA, ICO, Legal Ombudsman, or gov.uk. This page is general information and is not legal advice.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.