Legal Practitioners,
business has been done in any court having jurisdiction to enforce and set aside agreements, any such court in which any of that business has been done;
(b) in relation to any agreement under which no business has been done in any such court, and under which more than one thousand dollars is payable, the court in its original jurisdiction; (c) in relation to an agreement under which no business has been done in any such court, and
under which not more than one thousand dollars
is payable, the court in its summary jurisdiction.
55. (1) If, after some business has been done under an agreement made in pursuance of the provisions of section 53 but before the solicitor has wholly performed it, the solicitor dies or becomes incapable of acting, any party to, or the representative of any party to, the agreement, may apply to the court and the court shall have the same jurisdiction as to enforcing the agreement so far as it has been performed, or setting it aside, as it would have had if the solicitor had not died or become incapable of acting: Provided that the court may, notwithstanding that it is of opinion that the agreement is in all respects fair and reasonable, order the amount due in respect of the business done thereunder to be ascertained by taxation, and in that case—· (a) the taxing officer, in ascertaining that amount, shall have regard so far as may be to the terms of the agreement; and
(b) payment of the amount found by him to be due may be enforced in the same manner as if the agreement had been completely performed.
(2) The provisions of subsection (1) shall apply in the event of the client changing his solicitor (as, notwithstanding the agreement, he shall be entitled to do) before the conclusion of the business to which the agreement relates in the same manner as they apply when the solicitor dies or is incapacitated, with this modification that if an order is made for the taxation of the amount due to the solicitor in respect of the business done under the agreement the
*NOTE: With effect from 3.10.50 this sum has been raised to $5,000 upon the limit of the summary jurisdiction being so amended (Ord. 35 of 1950).
[CAP. 159
Death, or change of 22 and 23
incapability,
solicitor, etc.
Geo. 5
c. 37, s. 61.
243
1
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