1989 Ed.]

Legal Practitioners

[CAP. 159

23

(4) In this section and in Schedule 2, the expressions "trust" and "trustee” shall extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incident to the office of a personal representative and trustee, where the context includes a personal representative.

(Added 25 of 1968 s. 7. Amended 52 of 1980 s. 2; 46 of 1989 s. 7) [cf. 1957 c. 27 s. 31 U.K.]

26B. Solicitors guilty of undue delay in certain matters

(1) Where-

(a) a complaint is made to the Council that there has been undue delay on the part of a solicitor in connection with any matter in which he or his firm has been instructed on behalf of a client or any matter which relates to the administration of a trust of which that solicitor is the sole trustee or co-trustee only with one or more of his partners, employees or articled clerks; and

(b) the Council has by notice in writing invited the solicitor to give an explanation in respect of that matter; and

(c) the solicitor has, within a period of not less than 8 days specified in the said notice, failed to give an explanation in respect of that matter which the Council regards as sufficient and satisfactory; and

(d) the solicitor has been notified in writing by the Council that he has so failed,

the provisions of Schedule 2, other than paragraphs 7 and 8 thereof, shall apply in relation to that solicitor, but as regards the documents specified in paragraph 1, and the sums of money specified in paragraph 10, of Schedule 2, only in so far as they relate to the matter complained of:

Provided that for the purposes of the proviso to paragraph 6 of Schedule 2, the Council may take copies of, or extracts from, documents which relate to the matter complained of or to that matter and to other matters in the solicitor's practice. (Amended 52 of 1980 s. 2; 46 of 1989 s. 7)

(2) In this section the expressions "trust" and "trustee" have the same meanings as in section 26A.

26C. Control of deceased solicitor's practice in certain circumstances

(1) Where-

(Added 25 of 1968 s. 7) [cf. 1965 c. 31 s. 11 U.K.]

(a) the Council has reasonable cause to believe that the representatives of a deceased solicitor who immediately before his...

(The text is cut off here, it seems like the OCR has failed to read the rest of the content. The remaining text "dadadada na dades de cada diadakkan man dades de al dette man dades de med dette man daha da ada dadka na dada de mate dat d" appears to be gibberish and is not part of the original text.)

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