190
No. 1 of 1871.
Agreement to exclude further claims, 33 & 34 Vict. c. 28, s. 6.
Reservation
LEGAL PRACTITIONERS.
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 agreement, more than the amount payable by the client to his own solicitor under the same.
36. Such an agreement shall be deemed to exclude any further claim of the solicitor beyond the terms of the agreement in respect of any costs in relation to the conduct and completion of the business in reference to which the agreement is made, except such costs, if any, as are expressly excepted by the agreement.
37. A provision in any such agreement that the solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as such solicitor, shall be wholly void. 33 & 34 Vict. c. 28, s. 7.
Examination and enforcement of agreement. 33 & 34 Vict. c. 28, s. 8.
38.—(1) No action shall be brought upon any such agreement; but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced or set aside, by the court, without action, on motion or petition of any person or the representative of any person, being a party to such agreement, 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.
Setting aside of improper agreement. 33 & 34 Vict. c. 28, s. 9.
(2) Such motion or petition shall be made or presented to the court in its original jurisdiction where the amount payable under the agreement exceeds one thousand dollars, and in its summary jurisdiction where it does not exceed one thousand dollars.
39.—(1) On any such motion or petition, if it appears to the court that the agreement is in all respects 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 the agreement had not been made.