Legal Practitioners.
54. (1) Such an agreement--
(a) shall not affect the amount of, or any rights or remedies for the recovery of, any costs payable by the client to, or to the client by, any person other than the solicitor, and that person may, unless he has otherwise agreed, require any such costs to be taxed according to the rules for the time being in force for the taxation thereof : Provided that the client shall not be entitled to recover from any other person under any order for the payment of any costs to which the agreement relates more than the amount payable by him to his solicitor in respect thereof under the agreement;
[CAP. 159
(b) shall be deemed to exclude any claim by the solicitor in respect of the business to which it relates other than-
(i) a claim for such costs as are expressly excepted therefrom; or
(ii) a claim for the agreed costs.
(2) A provision in such an 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 a solicitor, shall be void.
(3) No action shall be brought upon any such agreement, but the court may, on the application of any person who is a party to, or the representative of a party to, the agreement, or who is, or who is alleged to be, liable to pay, or who is or claims to be entitled to be paid, the costs due or alleged to be due in respect of the business to which the agreement relates, enforce or set aside the agreement and determine every question as to the validity or effect thereof.
(4) On any such application the court-
(a) if it is of opinion that the agreement is in all respects fair and reasonable, may enforce it;
(b) if it is of opinion that the agreement is in any respect unfair or unreasonable may declare it void and may order it to be given up to be cancelled and may order the costs covered thereby to be taxed as if the agreement had never been made;
(c) in any case, may make such orders as to the costs of the application as it thinks fit.
241
Miscellaneous provisions--
contentious business.
22 and 23 c. 37, s. 60.
Geo. 5