Legal Profession Act · s 55

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55.
Taxation on application of party chargeable or advocate and solicitor
(1) Where before the expiration of one month from the delivery of an advocate and solicitor’s bill an application is made by summons, motion or petition by the party chargeable with the bill, the High Court shall, without requiring any sum to be paid into court, order that the bill be taxed and that no action be commenced on the bill until the taxation is completed.
(2) Where no such application is made before the expiration of the period mentioned in subsection (1), then, on an application being made by the advocate and solicitor or, subject to subsections (3) and (4), by the party

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chargeable with the bill, the court may on such terms, if any, as it thinks fit
(not being terms as to the costs of the taxation), order —
(a) that the bill be taxed; and
(b) that no action be commenced on the bill, and that any action already commenced be stayed until the taxation is completed.
(3) Where an application under subsection (2) is made by the party chargeable with the bill —
(a) after the expiration of 12 months from the delivery of the bill; or
(b) after a judgment has been obtained for the recovery of costs covered by the bill; or
(c) after the bill has been paid, but before the expiration of 12 months from the payment of the bill, no order shall be made except in special circumstances and, if an order is made it may contain such terms as regards the costs of the taxation as the court may think fit.
(4) The power to order taxation conferred by subsection (2) shall not be exercisable on an application made by the party chargeable with the bill after the expiration of 12 months from the payment of the bill.
(5) Every order for the taxation of a bill shall require the taxing officer to tax not only the bill but also the costs of the taxation and to certify what is due or by the advocate and solicitor in respect of the costs of the taxation.
(6) If after due notice or any taxation either party to it fails to attend, the officer may proceed with the taxation ex parte.
(7) Unless —
(a) the order for taxation was made on the application of the advocate and solicitor and the party chargeable does not attend the taxation; or

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(b) the order for taxation or an order under subsection (8)
otherwise provides, the costs of a taxation shall be paid according to the event of the taxation, that is to say, if one-fifth of the amount of the bill is taxed off, the advocate and solicitor shall pay the costs, but otherwise the party chargeable shall pay the costs.
(8) The taxing officer may certify any special circumstances relating to a bill or to the taxation of a bill, to the High Court which may make such order as respects the costs of the taxation as it may think fit.

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s 55Taxation on application of party chargeable or advocate and solicitor

(1)

Where before the expiration of one month from the delivery of an advocate and solicitor’s bill an application is made by summons, motion or petition by the party chargeable with the bill, the High Court shall, without requiring any sum to be paid into court, order that the bill be taxed and that no action be commenced on the bill until the taxation is completed.

(2)

Where no such application is made before the expiration of the period mentioned in subsection (1), then, on an application being made by the advocate and solicitor or, subject to subsections (3) and (4), by the party

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CAP. 132 42

chargeable with the bill, the court may on such terms, if any, as it thinks fit

(not being terms as to the costs of the taxation), order —

(a)

that the bill be taxed; and

(b)

that no action be commenced on the bill, and that any action already commenced be stayed until the taxation is completed.

(3)

Where an application under subsection (2) is made by the party chargeable with the bill —

(a)

after the expiration of 12 months from the delivery of the bill; or

(b)

after a judgment has been obtained for the recovery of costs covered by the bill; or

(c)

after the bill has been paid, but before the expiration of 12 months from the payment of the bill, no order shall be made except in special circumstances and, if an order is made it may contain such terms as regards the costs of the taxation as the court may think fit.

(4)

The power to order taxation conferred by subsection (2) shall not be exercisable on an application made by the party chargeable with the bill after the expiration of 12 months from the payment of the bill.

(5)

Every order for the taxation of a bill shall require the taxing officer to tax not only the bill but also the costs of the taxation and to certify what is due or by the advocate and solicitor in respect of the costs of the taxation.

(6)

If after due notice or any taxation either party to it fails to attend, the officer may proceed with the taxation ex parte.

(7)

Unless —

(a)

the order for taxation was made on the application of the advocate and solicitor and the party chargeable does not attend the taxation; or

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(b)

the order for taxation or an order under subsection (8)

otherwise provides, the costs of a taxation shall be paid according to the event of the taxation, that is to say, if one-fifth of the amount of the bill is taxed off, the advocate and solicitor shall pay the costs, but otherwise the party chargeable shall pay the costs.

(8)

The taxing officer may certify any special circumstances relating to a bill or to the taxation of a bill, to the High Court which may make such order as respects the costs of the taxation as it may think fit.