296
Fixing of
remuneration
agreement.
33 & 31 Vict. c. 28 s. 4.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1871.
of and for raising and payment of such costs out of the said property as to the Court may appear just and proper.
(3.) All conveyances and acts done to defeat, or which may operate to defeat, such charge or right shall, unless made to a bona fide purchaser for value without notice, be absolutely void and of no effect as against such charge or right:
Provided always that no such order shall be made by the Court in any case in which the right to recover payment of such costs is barred by any statute of limitations.
Remuneration of Solicitors.
34. A solicitor may make an agreement in writing with his client respecting the amount and manner of payment for the whole or any part of any past or future costs in respect of business done or to be done by such solicitor, whether as a solicitor or as an advocate or conveyancer, either by a gross sum, or by commission or percentage, or by salary or otherwise, and either at the same or at a greater or at a less rate than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and conditions contained in this Ordinance: Provided always that when any such agreement is made in respect of business done or to be done in any action, the amount payable under the agreement shall not be recoverable by the solicitor until the agreement has been examined and allowed by a taxing officer of the Court; and if it appears to such taxing officer that the agreement is not fair and reasonable, he may require the opinion of the Court to be taken thereon by motion or petition; and the Court shall have power either to reduce the amount payable under the agreement or to order the agreement to be cancelled and the costs in respect of the business done to be taxed in the same manner and according to the same rules as if such agreement had not been made.
Saving of interests of third parties. Ib. s. 5.
35. Such an agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by any other person or payable to the client by any other 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 for the time being in force for the taxation of such costs, unless such person 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 costs 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 by the solicitor in relation thereto, except as provided by this Ordinance.
37. Any agreement made in contravention of this Ordinance shall be void.
38. Notwithstanding any such agreement, every solicitor shall remain liable for the proper performance of the duties undertaken by him.
39. The Court may, upon application by a party to an agreement, or by a person interested in the subject-matter of an agreement, or upon application by a solicitor who is a party to an agreement, make an order for the taxation of costs, or for the cancellation of an agreement, or for the variation of the terms of an agreement, if it appears to the Court that the agreement is unfair or unreasonable.
40. Where a solicitor has become bankrupt, or has died, or has become incapable of acting, the Court may make an order for the taxation of costs, or for the cancellation of an agreement, or for the variation of the terms of an agreement.
296
Fixing of
remuneration
agreement.
33 & 31 Vict. c. 28 s. 4.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1871. of and for raising and payment of such costs out of the said property as to the Court may appear just and proper.
(3.) All conveyances and acts done to defeat, or which may operate to defeat, such charge or right shall, unless made to a bomi fide purchaser for value without notice, be absolutely void and of no effect as against such charge or right:
Provided always that no such order shall be made by the Court in any case in which the right to recover payment of such costs is barred by any statute of limitations.
Remuneration of Solicitors.
34. A solicitor may make an agreement in writing with his client of solicitor by respecting the amount and manner of payment for the whole or any part of any past or future costs in respect of business done or to be done by such solicitor, whether as a solicitor or as an advocate or conveyancer, either by a gross sum, or by commission or percentage, or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and conditions contained in this Ordinance : Provided always that when any such agreement is made in respect of business done or to be done in any action, the amount payable under the agreement shall not be recoverable by the solicitor until the agreement has been examined and allowed by a taxing officer of the Court; and if it appears to such taxing officer that the agreement is not fair and reason- able, he may require the opinion of the Court to be taken thereon by motion or petition; and the Court shall have power either to reduce the amount payable under the agreement or to order the agreement to be cancelled and the costs in respect of the business done to be taxed in the same manner and according to the same rules as if such agreement had not been made.
Saving of in- terests of
third parties. Ib. s. 5.
Agreement to
35. Such an agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by any other person or payable to the client by any other 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 for the time being in force for the taxation of such costs, unless such person 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 coses 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
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