1964-HKRS29-8-31_Part01 — Page 42

Agreement

من المحلات جو

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of opinion that there has been no default, negligence, improper delay or other conduct on the part of the solicitor affording to the client reason- able ground for changing his solicitor, shall not allow to the solicitor the full amount of the remuneration agreed to be paid to him.

(3) In this section and in sections 60 and 63, "court" means— (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;

(5) in relation to an agreement under which no business has been done in any such court, and under which more than five thou- sand dollars is payable, the Supreme Court;

(C) in relation to an agreement under which no business has been done in any such court, and under which not more than five thousand dollars is payable, the District Court.

62. Subject to the provisions of sections 59, 60 and 61, the costs of a solicitor in any case where any agreement has been made in pur- 5 & 6 Eliz. 2, Suance of the provisions of section 56 shall not be subject to taxation, nor to the provisions of section 65 with respect to the signing and delivery of a solicitor's bill.

c. 17. a. 63,

Form of bill of costs for

contentieus

business.

3 & 6 Eliz. 2.

c. 17, s. 64.

63. Where the remuneration of a solicitor in respect of contentious business done by him is not the subject of such an agreement as is mentioned in section 58. the solicitor's bill of costs may at the option of the solicitor either contain detailed items or be for a gross sum:

Provided that-

(u) at any time before service upon him of a writ or other originat- ing process for the recovery of costs included in a gross sum bill and before the expiration of three months from the date of the delivery to him of the bill, the party chargeable there- with may require the solicitor to deliver to him in lieu thereof a bill containing detailed items, and the gross sum bill għall thereupon be of no effect.

(b) where an action is commenced on a gross sum bill, the court shall, if so requested by the party chargcable therewith before the expiration of one month from the service on that party of the writ or other originating process, order that the bill shall be taxed:

(c) if a gross sum bill is referred to taxation, whether under this section or otherwise, nothing in this section shall prejudice any rules of court with respect to taxation, and the solicitor shall furnish the taxing officer with such details of any of the costs covered by the bill as the taxing officer may require.

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General Provisions regarding Remuneration.

64. (1) Nothing in section 59, 60, 61, 62 or 63 shall give validity General

provisions

munaration. (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 Elz. 2. c. 27.

[ 5 & 6

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 bank- ruptcy invalid against a trustee or creditor in any bankruptcy or composition.

(2) A solicitor may take security from his client for his costs to be ascertained by taxation or otherwise.

(3) Subject to the provisions of any rules of court, upon every taxation of costs with respect to any contentious business, the taxing officer may-

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

(B) in determining the remuneration of the solicitor, bave regard to the skill, labour and responsibility involved in the business done by him, the general complexity of the matter and the amount or value of the matter in issue.

OT

1. 63.

order de-

65. (1) The jurisdiction of the Court to make orders for the Power of delivery by a solicitor of a bill of costs and for the delivery up of, Court to otherwise in relation to, any deeds, documents or papers in his posses livery of sion, custody or power is hereby declared to extend to cases in which bill, etc. no business bas been done by him in the Court.

(2) If 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 any business is transacted or acts are 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

5 & 6 Eliz. 2. c. 27, a. 67.