LEGAL PRACTITIONERS.
No. 1 of 1871.
103
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.
remuneration
33 & 34 Vict.
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 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 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.
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 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.
Saving of interests of third parties 33 & 34 Vict. c. 28, s. 5.
LEGAL PRACTITIONERS.
No. 1 of 1871.
103
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.
remuneration
33 & 34 Vict.
34. A solicitor may make an agreement in writing with his Fixing of client respecting the amount and manner of payment for the of solicitor by whole or any part of any past or future costs in respect of agreement. business done or to be done by such solicitor, whether as a c. 28, s. 4. 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 agree- ment 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.
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 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.
Saving of
interests of third parties 33 & 34 Vict.
c. 28, s. 5.
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