Legal Profession Act · s 46

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46.
Enforcement of contentious business agreements
(1) No action shall be brought on any contentious business agreement, but on the application by summons, motion or petition of any person who —
(a) is a party to the agreement or the representative of such a party; or
(b) is or is alleged to be liable to pay, or is or claims to be entitled to be paid, the costs due or alleged to be due in respect of the business to which the agreement relates, the court may enforce or set aside the agreement and determine every question as to its validity or effect.
(2) On any summons, motion or petition under subsection (1)
the court —
(a) if it is of the opinion that the agreement is in all respects fair and reasonable, may enforce it;
(b) if it is of the opinion that the agreement is in any respect unfair or unreasonable, may set it aside and order the costs covered by it to be taxed as if it had never been made;
(c) in the case, may make such order as to the costs of the application as it thinks fit.
(3) If the business covered by a contentious business agreement
(not being an agreement to which section 47 applies) is business done, or to be done, in any action, a client who is a party to the agreement may make application to a taxing officer of the court for the agreement to be examined.

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(4) A taxing officer before whom an agreement is laid under subsection (3) shall examine it and may either allow it, or, if he is of the opinion that the agreement is unfair or unreasonable, require the opinion of the court to be taken on it, and the court may allow the agreement or reduce the amount payable under it, or set it aside and order the costs covered by it to be taxed as if it had never been made.
(5) Where the amount agreed under any contentious business agreement is paid by or on behalf of the client or by a person entitled to do so, the person making the payment may at any time within 12 months from the date of payment, or within such further time as appears to the court to be reasonable, apply to the court, and, if it appears to the court that the special circumstances of the case require it to be re-opened, the court may, on such terms as may be just, re-open it and order the costs covered by the agreement to be taxed and the whole or any part of the amount received by the advocate and solicitor to be repaid by him.
(6) In this section and in sections 47 and 48, “the court” means —
(a) the High Court, in relation to an agreement under which any business has been done in the Supreme Court, or in relation to an agreement under which no business has been done in any court;
(b) the Court of a Magistrate, in relation to an agreement under which any business has been done in the court.
(7) In this Part, “taxing officer” means —
(a) the Chief Registrar, in relation to the High Court;
(b) the Registrar of the Subordinate Courts, in relation to a Court of a Magistrate.

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s 46Enforcement of contentious business agreements

(1)

No action shall be brought on any contentious business agreement, but on the application by summons, motion or petition of any person who —

(a)

is a party to the agreement or the representative of such a party; or

(b)

is or is alleged to be liable to pay, or is or claims to be entitled to be paid, the costs due or alleged to be due in respect of the business to which the agreement relates, the court may enforce or set aside the agreement and determine every question as to its validity or effect.

(2)

On any summons, motion or petition under subsection (1)

the court —

(a)

if it is of the opinion that the agreement is in all respects fair and reasonable, may enforce it;

(b)

if it is of the opinion that the agreement is in any respect unfair or unreasonable, may set it aside and order the costs covered by it to be taxed as if it had never been made;

(c)

in the case, may make such order as to the costs of the application as it thinks fit.

(3)

If the business covered by a contentious business agreement

(not being an agreement to which section 47 applies) is business done, or to be done, in any action, a client who is a party to the agreement may make application to a taxing officer of the court for the agreement to be examined.

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CAP. 132 36

(4)

A taxing officer before whom an agreement is laid under subsection (3) shall examine it and may either allow it, or, if he is of the opinion that the agreement is unfair or unreasonable, require the opinion of the court to be taken on it, and the court may allow the agreement or reduce the amount payable under it, or set it aside and order the costs covered by it to be taxed as if it had never been made.

(5)

Where the amount agreed under any contentious business agreement is paid by or on behalf of the client or by a person entitled to do so, the person making the payment may at any time within 12 months from the date of payment, or within such further time as appears to the court to be reasonable, apply to the court, and, if it appears to the court that the special circumstances of the case require it to be re-opened, the court may, on such terms as may be just, re-open it and order the costs covered by the agreement to be taxed and the whole or any part of the amount received by the advocate and solicitor to be repaid by him.

(6)

In this section and in sections 47 and 48, “the court” means —

(a)

the High Court, in relation to an agreement under which any business has been done in the Supreme Court, or in relation to an agreement under which no business has been done in any court;

(b)

the Court of a Magistrate, in relation to an agreement under which any business has been done in the court.

(7)

In this Part, “taxing officer” means —

(a)

the Chief Registrar, in relation to the High Court;

(b)

the Registrar of the Subordinate Courts, in relation to a Court of a Magistrate.