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Legal Profession Act · s 49

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s 49Form of bill of costs for contentious business

(1)

Where the remuneration of an advocate and solicitor in respect of contentious business done by him is not the subject of a contentious business agreement, then, subject to subsections (2) to (4), the advocate and solicitor’s bill of costs may at the option of the advocate and solicitor be either a bill containing detailed items or a gross sum bill.

(2)

The party chargeable with a gross sum bill may at any time —

(a)

before he is served with a writ or other originating process for the recovery of costs included in the bill; and

(b)

before the expiration of 3 months from the date on which the bill was delivered to him, require the advocate and solicitor to deliver, in lieu of that bill, a bill containing detailed items. On such a requirement being made the gross sum shall be of no effect.

Legal Profession

CAP. 132 39

(3)

Where an action is commenced on a gross sum bill, the court shall, if so requested by the party chargeable with the bill before the expiration of one month from the service on that party of the writ or other originating process, order that the bill be taxed.

(4)

If a gross sum bill is taxed, whether under this section or otherwise, nothing in this section shall prejudice any rules of court with respect to taxation. The advocate and solicitor shall furnish the taxing officer with such details of any of the costs covered by the bill as the taxing officer may require.