1948-HKRS29-8-15_Part03 — Page 8

Agreement exi ludes taxation.

22 and 23 Cheo. 5 0.37. $6.

Miscellaneous provisions as

to remunera-

tion fr

contentious

business.

22 and 23 Can. 5 0.37. 8.53.

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court shall have the same jurisdiction as to enforcing the agree. ment 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

(6) 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 sub-section (1) aball 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 dono under the agree- mant the roart shall direct the taxing officer to have regard to the circumstances under which the change of solicitor has taken place, and the taxing officer, unless he is of opinion that there has begu no default, negligence, improper delay or other conduct on the part of the solicitor affording to the client reasonable ground for changing his solicitor, shall not allow to the solicitor the full amount of the remuneration agreed to be paid to him.

56. Subjent to the provisions of sentions 64 and 55, the costs of a solicitor in any case where any agreement has been made in pursuance of the provisions of section 53 shall not be subject to taxation, nor to the subsequent provisions of this part with respect to the signing and delivery of a solicitor's bill.

57. (1) Nothing in sections 53, 54, 55 or 56 shall give validity to-

(a) any purchase by a solicitor of the interest, or any part of the interest, of his client in any action, suit or other contentious proceeding; or

(b) any agreement by which a solicitor retained or employed to prosecute any action, suit or other contentious proceeding stipulates for payment only in the event of success in that action, suit or proceeding; or

(c) any disposition, contract, settlement, conveyance, delivery, dealing or transfer which is under the law relating to bankruptcy invalid against a trustee or creditor in any bankruptcy or composition.

(2) A solicitor may, with respect to any contentious business to be done by him, take security from his client for his costs to be ascertained by taxation or otherwise,

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(3) Subject to the provisions of any rules of court upou overy taxation of costs with respect to any contentious businese, the taxing officer may-

(a) allow interest at such rate and from such time as he thinks just on moneye disbursed by the solicitor for the client, and on moneys of the client in the bands of, and improperly retained by, the solicitor;

(6) in determining the remuneration of the solicitor have regard to the skill, labour and responsibility involved in the business done by him.

General Provisions as to Remuneration.

58. (1) The jurisdiction of the court to make orders for the Power to delivery by a solicitor of a bill of costs and for the delivery up of, cow to order

delivery of or otherwise in relation to, any deeds, documents or papers in his bill and possession, entady or power, is hereby declared to extend to cases deeds. in which no business has been done by him in the court.

2 and 23 Goo. $

(2) In this section and in sections 59, 60 and 61, 237, 1.64.

** solicitor includes the executors, administrators and assignees of the solicitor in question.

(300. 5

4.37, 9.65.

59. (1) Subject to the provisions of this Ordinance, no action Acuon to ahall be brought to recover any costs due to a solicitor until one recover cesta. mouth after a bill thereof has been delivered in accordance with 22 and 23 the requirements of this section: Provided that, if there is probable cause for believing that the party chargeable with the costs is about to quit the Colony, or become a bankrupt, or to compound with his creditors or to do any other act which would tend to prevent or delay the solicitor obtaining payment the court may, notwithstanding that one month has not expired from the delivery of the bill, order that the solicitor be at liberty to commence an action to recover his coste and may order those coats to be taxed.

(2) The said requirements are as follows:

if (a) the bill must be signed by the solicitor or, the costs are due to a firm, one of the partners of that firm, either in his own name or in the name of the firm, or be enclosed in, or accompanied by, a letter which is so signed and refers to a bill, and

(b) the bill must be delivered to the party to be charged therewith, either personally or by being sent to him by post to, or left for him at, his place of business, dwelling house or last known place of abode;

and where a bill is proved to have been delivered in compliance with those requiremente, it shall not be necessary in the first instance for the solicitor to prove the contents of the bill and it shall be presumed, until the contrary is shown, to be a bill bona fide complying with this Ordinance.