486
THE HONGKONG GOVERNMENT GAZETTE, 25TH MARCH, 1899.
Remunera-
tion of soli- citor may be fixed by agreement. 33 and 34 Viet. C. 28, &. 1.
Saving of in- terests of
third parties.
Ibid, s. 5.
Agreement to exclude fur
ther claims. Ibid, s. 6.
Reservation
of responsi bility for negligence. Ibid, s. 7. Examination
and enforce
ment of agreements. Mid,.8
adapted.
Improper agreement may be set aside. Ibid, . 9.
Agreement
may be re- opcued after payment in special cases. Ivid, s. 10.
4. A solicitor may make an agreement in writing with his client respecting the amount and manner of payment for the whole or any part of any past or future costs in respect of business done or to be done by such solicitor, whether as a solicitor or as an advocate or conveyancer, either by a gross sum, or by commission or per-centage, or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and conditions in this Ordinance contained: Provided always that when any such agreement is made in respect of busi- ness done or to be done in any suit the amount payable under the agreement shall not be recoverable by the solici- tor until the agreement has been examined and allowed by a taxing officer of the Court; and if it shall appear to such taxing officer that the agreement is not fair and reasonable, he may require the opinion of the Court to be taken thereon by motion or petition; and the Court shall have power either to reduce the amount payable under the agreement, or to order the agreement to be cancelled and the costs in respect of the business done to be taxed in the same manner and according to the same rules as if such agreement had not been made.
5. Such an agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs recover- able from the client by any other person, or payable to the client by any other person, and any such other person may require any costs payable or recoverable by him to or from the client to be taxed according to the rules for the time being in force for the taxation of such costs, unless such person has otherwise agreed: Provided always that the client who has entered into such agreement shall not be entitled to recover from any other person, under any order for the payment of any costs which are the subject of such agree- ment, more than the amount payable by the client to his own solicitor under the same.
6. Such an agreement shall be deemed to exclude any further claim of the solicitor beyond the terms of the agree- meut in respect of any costs in relation to the conduct and completion of the business in reference to which the agree- ment is made, except such costs, if any, as are expressly excepted by the agreement.
7. A provision in any such agreement that the solicitor shall not be liable for negligence, or that he shall be relieved from any respousibility to which he would otherwise be subject as such solicitor, shall be wholly void.
8.--(1.) No suit shall be brought or instituted upon any such agreement; but every question respecting the validity or effect of any such agreement may be examined and deter- mined, and the agreement may be enforced or set aside by the Court, without suit, ou motion or petition of any persou, or the representative of any person, a party to such agree- ment, or being or alleged to be liable to pay, or being or claiming to be entitled to be paid, the costs in respect. of which the agreement is made.
(2.) Such motion or petition shall be made or presented to the Court in its Original Jurisdiction in cases where the amount payable under the agreement exceeds one thou- sand dollars, and in its Summary Jurisdiction in cases where the amount payable under the agreement does not exceed one thousand dollars.
9. Upon any such motion or petition as aforesaid, if it appears to the Court that such agreement is in all res- pects fair and reasonable between the parties, the same may be enforced by the Court by rule or order in such manner and subject to such conditions, if any, as to the costs of such motion or petition, as the Court may think fit, but if the terms of such agreement are not deemed by the Court to be fair and reasonable, the same may be declared void, and the Court shall thereupon have power to order such agreement to be given up to be cancelled, and may direct the costs incurred or chargeable in respect of the matters included therein to be taxed in the same manner and according to the same rules as if such agreement had not been made. The Court may also make such order as to the costs of and relating to such motion or petition and the proceedings thereon, as to the Court may seem fit.
10.-(1.) When the amount agreed for under any such agreement has been paid by or on behalf of the client, or by any person chargeable with or entitled to pay the same, the Court may, upon application by the person who has paid such amount, within twelve months after the payment