1964_LEGAL_PRACTITIONERS_ORDINANCE — Page 44

1989 Ed.]

Legal Practitioners

[CAP. 159

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(3) In this section and in sections 60 and 63, "court" means--

(a) in relation to an agreement under which any business has been done in any court having jurisdiction to enforce and set aside agreements, any such court in which any of that business has been done;

(b) in relation to an agreement under which no business has been done in any such court, and under which more than the sum mentioned in section 32 of the District Court Ordinance (Cap. 336) is payable, the High Court; (Amended 35 of 1966 Schedule; 68 of 1973 s. 5; 79 of 1981 s. 3} (c) in relation to an agreement under which no business has been done in any such court, and under which not more than the sum mentioned in section 32 of the District Court Ordinance (Cap. 336) is payable, the District Court. (Amended 35 of 1966 Schedule; 68 of 1973 s. 5; 79 of 1981 s. 3)

[cf. 1957 c. 27 s. 62 U.K.]

62. Agreement excludes taxation

Subject to the provisions of sections 59, 60 and 61, the costs of a solicitor in any case where any agreement has been made in pursuance of the provisions of section 58 shall not be subject to taxation, nor to the provisions of section 66 with respect to the signing and delivery of a solicitor's bill.

[cf. 1957 c. 27 s. 63 U.K.]

63. Form of bill of costs for contentious business

Where the remuneration of a solicitor in respect of contentious business done by him is not the subject of such an agreement as is mentioned in section 58, the solicitor's bill of costs may at the option of the solicitor either contain detailed items or be for a gross sum:

Provided that-

(a) at any time before service upon him of a writ or other originating process for the recovery of costs included in a gross sum bill and before the expiration of 3 months from the date of the delivery to him of the bill, the party chargeable therewith may require the solicitor to deliver to him in lieu thereof a bill containing detailed items, and the gross sum bill shall thereupon be of no effect; (b) where an action is commenced on a gross sum bill, the court shall, if so requested by the party chargeable therewith before the expiration of 1 month from the service on that party of the writ or other originating process, order that the bill shall be taxed;