Legal Profession Act · s 45

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

45.
Effect of contentious business agreements
(1) Subject to the provisions of this Part, the costs of an advocate and solicitor in any case where a contentious business agreement has been made shall not be subject to taxation or to the provisions of section 54.
(2) Subject to subsection (3), a contentious business agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs payable by the client to, or to the client by, any person other than the advocate and solicitor, and that person may, unless he has otherwise agreed, require any such costs to be taxed.
(3) A client shall not be entitled to recover from any other person under an order for the payment of any costs to which a contentious business agreement relates more than the amount payable by him to his advocate and solicitor in respect of those costs under the agreement.
(4) A contentious business agreement is deemed to exclude any claim by the advocate and solicitor in respect of the business to which it relates other than —
(a) a claim for the agreed costs; or

Legal Profession

CAP. 132 35
(b) a claim for such costs as are expressly excepted from the agreement.
(5) A provision in a contentious business agreement that the advocate and solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be void.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 45Effect of contentious business agreements

(1)

Subject to the provisions of this Part, the costs of an advocate and solicitor in any case where a contentious business agreement has been made shall not be subject to taxation or to the provisions of section 54.

(2)

Subject to subsection (3), a contentious business agreement shall not affect the amount of, or any rights or remedies for the recovery of, any costs payable by the client to, or to the client by, any person other than the advocate and solicitor, and that person may, unless he has otherwise agreed, require any such costs to be taxed.

(3)

A client shall not be entitled to recover from any other person under an order for the payment of any costs to which a contentious business agreement relates more than the amount payable by him to his advocate and solicitor in respect of those costs under the agreement.

(4)

A contentious business agreement is deemed to exclude any claim by the advocate and solicitor in respect of the business to which it relates other than —

(a)

a claim for the agreed costs; or

Legal Profession

CAP. 132 35

(b)

a claim for such costs as are expressly excepted from the agreement.

(5)

A provision in a contentious business agreement that the advocate and solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be void.