Legal Profession Act · 2022 Revised Edition · Part 7
45. Effect of contentious business agreements
Official textFrom Attorney General's Chambers, unchanged
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.
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.
contentious business agreement
“contentious business agreement” means an agreement made in pursuance of section 44;
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.
client
“client” includes — (a) in relation to contentious business, any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, an advocate and solicitor, and any person who is or may be liable to pay an advocate and solicitor’s costs; * Please refer to N 1 ** Please refer to N 2 *** Please refer to N 3…
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 —
advocate and solicitor
“advocate and solicitor” means an advocate and solicitor of the Supreme Court;
a claim for the agreed costs; or
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a claim for such costs as are expressly excepted from the agreement.
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.
Terms defined in s 2
advocate and solicitor
Defined · s 2“advocate and solicitor” means an advocate and solicitor of the Supreme Court;
client
Defined · s 2“client” includes — (a) in relation to contentious business, any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, an advocate and solicitor, and any person who is or may be liable to pay an advocate and solicitor’s costs; * Please refer to N 1 ** Please refer to N 2 *** Please refer to N 3…
contentious business
Defined · s 2“contentious business” means business done as an advocate and solicitor in or for the purposes of proceedings begun before a court of justice or before an arbitrator;
contentious business agreement
Defined · s 2“contentious business agreement” means an agreement made in pursuance of section 44;