Legal Profession Act · s 56

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56.
Taxation on application of third parties
(1) Where a person other than the party chargeable with the bill for the purposes of section 55 has paid, or is or was liable to pay, a bill either to the advocate and solicitor or to the party chargeable with the bill, that person or his executors, administrators or assignees may apply by summons, motion or petition for an order for the taxation of the bill as if he were the party chargeable with it to the High Court which may make the same order (if any)
as it might have made if the application had been made by the party chargeable with the bill.
(2) Where the court has no power to make an order by virtue of subsection (1) except in special circumstances it may, in considering whether there are special circumstances sufficient to justify the making of an order, take into account circumstances which affect the applicant but do not affect the party chargeable with the bill.
(3) Where a trustee, executor or administrator has become liable to pay a bill of an advocate and solicitor, then, on the application by summons, motion or petition of any person interested in any property out of which the trustee, executor or administrator has paid, or is entitled to pay, the bill the
High Court may order —
(a)  that the bill be taxed on such terms, if any, as it thinks fit;
and
(b)  that such payments, in respect of the amount found to be due to or by the advocate and solicitor and in respect of the costs of the taxation, be made to or by the applicant, to or by the advocate and solicitor, or to or by the executor, administrator or trustee, as it thinks fit.

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CAP. 132 44
(4) In considering any application under subsection (3), the court shall have regard —
(a) to the provisions of section 55 as to applications by the party chargeable for the taxation of an advocate and solicitor’s bill so far as they are capable of being applied to an application made under that subsection;
(b) to the extent and nature of the interest of the applicant.
(5) If an applicant under subsection (3) pays any moneys to the advocate and solicitor, he shall have the same right to be paid that money by the trustee, executor or administrator chargeable with the bill as the advocate and solicitor had.
(6) Except in special circumstances, no order shall be made on an application under this section for the taxation of a bill which has already been taxed.
(7) If the court on an application under this section orders a bill to be taxed, it may order the advocate and solicitor to deliver to the applicant a copy of the bill on payment of the costs of that copy.

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s 56Taxation on application of third parties

(1)

Where a person other than the party chargeable with the bill for the purposes of section 55 has paid, or is or was liable to pay, a bill either to the advocate and solicitor or to the party chargeable with the bill, that person or his executors, administrators or assignees may apply by summons, motion or petition for an order for the taxation of the bill as if he were the party chargeable with it to the High Court which may make the same order (if any)

as it might have made if the application had been made by the party chargeable with the bill.

(2)

Where the court has no power to make an order by virtue of subsection (1) except in special circumstances it may, in considering whether there are special circumstances sufficient to justify the making of an order, take into account circumstances which affect the applicant but do not affect the party chargeable with the bill.

(3)

Where a trustee, executor or administrator has become liable to pay a bill of an advocate and solicitor, then, on the application by summons, motion or petition of any person interested in any property out of which the trustee, executor or administrator has paid, or is entitled to pay, the bill the

High Court may order —

(a)

that the bill be taxed on such terms, if any, as it thinks fit;

and

(b)

that such payments, in respect of the amount found to be due to or by the advocate and solicitor and in respect of the costs of the taxation, be made to or by the applicant, to or by the advocate and solicitor, or to or by the executor, administrator or trustee, as it thinks fit.

Legal Profession

CAP. 132 44

(4)

In considering any application under subsection (3), the court shall have regard —

(a)

to the provisions of section 55 as to applications by the party chargeable for the taxation of an advocate and solicitor’s bill so far as they are capable of being applied to an application made under that subsection;

(b)

to the extent and nature of the interest of the applicant.

(5)

If an applicant under subsection (3) pays any moneys to the advocate and solicitor, he shall have the same right to be paid that money by the trustee, executor or administrator chargeable with the bill as the advocate and solicitor had.

(6)

Except in special circumstances, no order shall be made on an application under this section for the taxation of a bill which has already been taxed.

(7)

If the court on an application under this section orders a bill to be taxed, it may order the advocate and solicitor to deliver to the applicant a copy of the bill on payment of the costs of that copy.