40
CAP. 159]
Legal Practitioners
[1989 Ed.
(2) If, whether before or after the commencement of this Ordinance, a mortgage has been made to, or has become vested by transfer or transmission in, a solicitor, either alone or jointly with any other person, and if any business is transacted or acts done by that solicitor, or by the firm of which he is a member, in relation to that mortgage, or the security thereby created or the property comprised thereunder, then he or they shall be entitled to recover from the person on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to and had remained vested in a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.
(3) In this section, "mortgage" includes any charge on any property for securing money or money's worth.
Contentious Business
58. Power to make agreements
[cf. 1957 c. 27 s. 58 U.K.]
A solicitor may make with his client an agreement in writing as to his remuneration, in respect of any contentious business done or to be done by the solicitor for the client, which provides that the solicitor shall be remunerated either by a gross sum or by salary, or otherwise, and at either a greater or a less rate than that at which he would otherwise have been entitled to be remunerated.
59. Miscellaneous provisions
[cf. 1957 c. 27 s. 59 U.K.]
(1) An agreement such as is referred to in section 58-
(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;
(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 the agreed costs; or
(ii) a claim for such costs as are expressly excepted therefrom.