CO537-6046 — Page 273

三

160

THE HONG KONG GOVERNMENT GAZETTE.

Agreement excludes taxation.

22 and 23 Geo. 5 c.37, s.62.

Miscellaneous

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

(b) 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) shall 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 done under the agree- ment the court 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 been 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. Subject to the provisions of sections 54 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 provisions as validity to—

to remunera-

tion for

contentious

business.

22 and 23

Geo. 5 C.37, s.63.

(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.