1965-HKRS30-8-55_Part06 — Page 2

(Cap. 21).

(57

58

Vict. c. 60).

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(2) The costs payable to his solicitor by any plaintiff in any such proceedings as are referred to in sub-paragraph (a) or (b) of paragraph (1), being the costs of those proceedings or incident to the claim therein or consequent thereon shall be taxed under rule 29 and no costs shall be payable to the solicitor of any plaintiff in respect of those proceedings, except such amount of costs as may be certified on the taxation under rule 29 of the solicitor's bill to that plaintiff.

(3) On the taxation under rule 29 of a solicitor's bill to any plaintiff in any such proceedings as are referred to in sub-paragraph (a) or (b) of paragraph (1) who is his own client, the taxing master shall also tax any costs payable to that plaintiff in those proceedings and shall certify-

(a) the amount allowed in taxation under rule 29, the amount allowed on the taxation of any costs payable to the plaintiff in those proceedings and the amount, if any, by which the first mentioned amount exceeds the other; and

(6) where necessary, the proportion of the amount of the excess payable respectively by, or out of money belonging to any party of the proceedings who is an infant or a mentally dis- ordered person or the widow of a man whose death gave rise to the proceedings and any other party.

(4) Paragraphs (2) and (3) shall apply in relation to any such proceedings as are referred to in sub-paragraph (c) of paragraph (1) as if for references to a plaintiff there were substituted references to the party, whether appellant or respondent, who was the plaintiff in the proceedings which gave rise to the first-mentioned proceedings.

(5) Nothing in the provisions of this rule shall prejudice a solicitor's lien for costs.

(6) The provisions of this rule shall apply in relation to~ (a) a counterclaim by or on behalf of a person who is an infant or a mentally disordered person and a counterclairn consisting of or including a claim under the Fatal Accidents Ordinance. by or on behalf of the widow of the man whose death gave rise to the claim; and

(b) a claim made by or on behalf of a person who is an infant or a mentally disordered person in an action by any other person for relief under section 504 of the Merchant Shipping Act 1894 as amended by any subsequent enactment, and a claim consisting of or including a claim under the Fatal Accidents Ordinance, made by or on behalf of that widow in such an action.

as if for references to a plaintiff there were substituted references to a defendant.

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31. (1) This rule applies to every taxation of the costs which a Costs pay person who is or has been a party to any proceedings in the capacity able to of trustee or personal representative is entitled to be paid out of any of the trust fund which he holds in that capacity.

(2) On any taxation to which this rule applies, no costs shall be disallowed except in so far as those costs or any part of their amount should not, in accordance with the duty of the trusted or personal representative as such, have been incurred or paid, or should for that or any other reason be borne by him personally.

trustee ou

Cund. etc.

32. (1) Subject as is hereinbefore provided and to the provisions Scales of of this rule, the scale of costs contained in the First Schedule, together costs. with the notes and general provisions contained in that Schedule, shall Fi

Schedule. apply to the taxation of all costs incurred in relation to contentious business done after the commencement of these rules.

(2) On a taxation in relation to which rule 29 or paragraph (2) of rule 31 has effect and in other special cases costs may at the discretion of the taxing master be allowed-

(a) in relation to items not mentioned in the said scale; or (5) of an amount higher than that prescribed by the said scale.

(3) Where the amount of a solicitor's remuneration in respect of non-contentious business connected with sales, purchases, leases, mort- gages and other matters of conveyancing or in respect of any other non-contentious business is regulated, in the absence of agrecmical to

the contrary, by any rules for the time being in force under the Legal (16 of 1964). Practitioners Ordinance 1964, the amount of the costs to be allowed on laxation in respect of the like contentious business shall be the same, notwithstanding anything in the scale contained in the First Schedule.

(4) Notwithstanding paragraph (1), costs shall, unless the Court otherwise orders, be allowed in the cases to which the Second Schedule Second applies in accordance with the provisions of that Schedule.

Schedule.

PART VI.

Review.

Master for

33. (1) Any party to any taxation proceedings who is dissatisfied Application with the allowance or disallowance in whole or in part of any item to taxing by a taxing master, or with the amount allowed by a taxing master lo review. respect of any item, may apply to the taxing master to review his decision in respect of that item,

(2) An application under this rule for review of a taxing master's decision may be made at any time within fourteen days after that decision or such shorter period as may be fixed by the taxing master: