190
Agreement to exclude fur- ther claims.
8 & 84 Vict. c. 28. 6. Į
Reservation
of responsi bility for
negligence. [6. 6. 7.J
Examination and enforce- ment of agreement. [ib. s. 8.]
Setting aside
of improper
agreement.
[ib. 2. 9.]
t
No. 1 of 1871.
LEGAL PRACTITIONERS.
person, and any such other person may require any costs payable or recoverable by him to or from the client to be taxed according to the rules applicable to the taxation of such costs, unless such parson has otherwise agreed: Provided always that the client who has entered into such agreement shall not be entitled to recover from any other person, under any order for the payment of any coste which are the subject of such agreement, more than the amount payable by the client to his own solicitor under the same.
36. Such an agreement shall be deemed to exclude any further claim of the solicitor beyond the terms of the agreement in respect of any costs in relation to the conduct and completion of the busi- ness in reference to which the agreement is made, except such costs, if
any,
as are expressly excepted by the agreement,
37. A provision in any such agreement that the solicitor shall not be liable for negligence, or that he shall be relieved from any re- sponsibility to which he would otherwise be subject as such solicitor, shall be wholly void.
38.-(1) No action shall be brought upon any such agreement; but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced or set aside, by the Court, without action, on motion or petition of any person or the representative of any person, being a party to such agreement, or being or alleged to be liable to pay, or being or claiming to be entitled to be paid the costs in respect of which the agreement is made.
(2) Such motion or petition shall be made or presented to the Court in its Original Jurisdiction where the amount payable under the agreement exceeds 1,000 dollars, and in its Summary Jurisdic- tion where it does not exceed 1,000 dollars.
39.--(1) On any such motion or petition, if it appears to the Court that the agreement is in all respects fair and reasonable be- tween the parties, the same may be enforced by the Court, by rule or order, in such manner and subject to such conditions, if any, 88 to the costs of such motion or petition, as the Court may think fit; but if the terms of such agreement are not deemed by the Court to be fair and reasonable, the same may be declared void, and the
* As amended by No. 02 of 1811 and No. 09 of 1911,
As amended by No. 62 of 1911.
LEGAL PRACTITIONERS.
No. 1 of 1871.
191
Court shall thereupon have power to order such agreement to be given up to be cancelled, and may direct the costs incurred or chargeable in respect of the matters included therein to be taxed in the same manner and according to the same rules as if the agree- ment had not been made.
(2) The Court may also make such order as to the costs of and relating to such motion or petition and the proceedings thereon as to the Court may seem fit.
Re-opening
ment in
v. 28 », 10, 1
*
40 (1) When the amount agreed for under any such agreement of agreement has been paid by or on behalf of the client or by any person charge after pay- able with or entitled to pay the same, the Court may, on applica- special cases. tion by the person who has paid such amount, within 12 months 8 & 34 Vict, after the payment thereof, if it appears to the Court that the special circumstances of the case require the agreement to be re-opened, re-open the same, and order the costs to be taxed and the whole or any portion of the amount received by the solicitor to be repaid by him, on such terms and conditions as to the Court may seem just.
(2) Where any such agreement is made by the client in the capa- city of guardian, or of trustee under a deed or will, or of committee of any person whose estate or property will be chargeable with the amount payable under the agreement or with any part of such amount, the agreement shall before payment be laid before a taxing officer who shall examine the same, and may disallow any part thereof or may require the direction of the Court to be taken thereon by motion or petition; and if, in any such case, the client pays the whole or any part of the amount payable under the agreement, without the previous allowance of such officer or the Court as afore- said, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof, for the amount so charged; and if, in any such case, the solicitur accepts payment without anch allowance, the Court may, if it thinks fit, order him to refund the amount so received by him under the agreement.
41. Nothing in this Ordinance shall be construed to give validity Prohibition of champer. to any purchase by a solicitor or by his clerk of the interest, or any tous stipula part of the interest, of his client in any action or other contentious tion
*ib. s. 11.] proceeding to be brought or maintained, or to give validity to any
As amended by No. 63 of 1910.
290
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