1948-HKRS29-8-15_Part03 — Page 7

Power to make

agreement

contendous business.

32 and 23 Geo. 5

€37, 4.59+

Miscellaneous

provisings

Contentiou

business.

aa and 23 Opo. 5 4.37, 4.60.

18

Contentious Business.

53. A solicitor may make an agreement in writing with his client as to his remuneration in respect of any contentious business done, or to be done, by him providing that he 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.

54. (1) Such an agreement-e

(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 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 u 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 coverai thereby to be taxed as if the agreement bind never been made;

(c) in any case, may make auch orders as to the costs

of the application as it think fit.

(5) If the business covered by any such agreement is business done, or to be done, in any action, the amount payable under the agreement shall not be received by the solicitor until

17

the agreement has been examined and allowed by a taxing officer of the court, and if the taxing officer is of opinion that the agree- mant is unfair or unreasonable, he may ráquire the opinion of the court to be taken thereon and the court may reduce the amount payable thereunder, or order the agreement to be cancelled and the costs covered thereby to be taxed as if the agreement had never been made.

(6) When the amount agreed for under any such agree- ment has been paid by or on behalf of the client or by any person entitled so to do, the person making the payment may at any time within twelve months after payment apply to the court and the court if it appears to it that the special circumstances of the case require the agreement to be reopened, may on ech terms as may be just, reopen the agreement and may order the costs covered thereby to be taxed and the whole or any part of the amount received by the solicitor to be repaid by him.

(7) Where any such agreement is made by the client as the guardian or committee of, or as a trustee under a deed or will lor, any person whose properly will be chargeable with the whole or any part of the amount payable under the agreement, the agreement shall, before payment, be laid before the taxing officer of the court, and that officer aball examine the agreement and may disallow any part thereof, or may require the opinion of the court to be taken thereon.

(8) Any such client na is mentioned in sub-section (7) who pays the whole or any part of the amount payable under the agreement without the agreement having been allowed by the taxing officer or by the court, shall be liable at any time to account to the person whose property is charged with the whole or any part of the amount so paid for the sum so charged and the solicitor who accepts the payment may be ordered by the court to refund the amount received by him.

** court

means-

(9) To this section and in section 55

(a) in relation to an agreement under which any 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 dollare 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 Death, agreement made in pursuance of the provisions of section 53 but incapability. before the solicitor has wholly performed it, the solicitor dies or or change of becomes incapable of acting, any party to, or the representative cor, of any party to, the agreement, may apply to the court and the CH50. 5

22 and 23

4.37. 3.61.