CAP. 159]
[s. 55 cont.}
Agreement excludes taxation.
22 and 23 Geo. 5
c. 37, s. 62.
Miscellaneous provisions as to remuneration for contentious business.
22 and 23 Geo. 5
c. 37, s. 63.
Legal Practitioners.
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 section 53, 54, 55 or 56 shall give validity to--
(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.
(3) Subject to the provisions of any rules of court upon every taxation of costs with respect to any contentious business, the taxing officer may-
(a) allow interest at such rate and from such time as he thinks just on moneys disbursed by the solicitor for the client, and on moneys of the client in the hands of, and improperly retained by, the solicitor;
(b) in determining the remuneration of the solicitor have regard to the skill, labour and responsibility involved in the business done by him.
244
CAP. 159]
[s. 55 cont.}
Agreement excludes taxation.
22 and 23 Geo. 5
c. 37, s. 62.
Miscellaneous provisions as to remunera- tion for contentious business.
22 and 23 Geo. 5
c. 37, s. 63.
Legal Practitioners.
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 remunera- tion 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 pro- visions of this Part with respect to the signing and delivery of a solicitor's bill.
57. (1) Nothing in section 53, 54, 55 or 56 shall give validity to--
(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 pro- ceeding; 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.
(3) Subject to the provisions of any rules of court upon every taxation of costs with respect to any contentious business, the taxing officer may-
(a) allow interest at such rate and from such time as he thinks just on moneys disbursed by the solicitor for the client, and on moneys of the client in the hands of, and improperly retained by, the solicitor; (b) in determining the remuneration of the solicitor have regard to the skill, labour and responsibility involved in the business done by him.
244
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