190
No. 1 of 1871.
Agreement to exclude further claims.
[33 & 34 Vict. c. 28 s. 6.]
Reservation of responsibility for negligence. [ib. s. 7.]
Examination and enforcement of agreement. [ib. s. 8.]
*
Setting aside of improper agreement. [ib. s. 9.]
+
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 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 of the solicitor beyond the terms of the agreement in respect of any costs in relation to the conduct and completion of the business 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 responsibility 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 Jurisdiction 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 between the parties, the same may be enforced by the Court, by rule or order, in such manner and subject to such conditions, if any, as 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. 52 of 1911 and No. 63 of 1911.
+ As amended by No. 62 of 1911.
t C g ir m re to ha ab tic af Cir re On by jus of i am am offi the by 1 who wit said esta part the may by h.
41 to al part proc
190
No. 1 of 1871.
Agreement to exclude fur- ther claims.
[33 & 34 Vict. c. 28 s. 6.]
Reservation of responsi bility for negligence. [ib. s. 7.]
Examination
and enforce- ment of agreement. [ib. s. 8.]
*
Setting aside of improper agreement. [ib. s. 9.]
+
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 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 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 njay 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, as 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. C2 of 1911 and No. 63 of 1911.
As amended by No. 62 of 1911.
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