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In force2022 Revised Edition
Contents

Part 7

48. Effect on contentious business agreement of death, incapability or change of advocate and solicitor

(1)

If, after some business has been done under a contentious business agreement but before the advocate and solicitor has wholly performed it —

(a)

the advocate and solicitor dies, or becomes incapable of acting; or

(b)

the client changes his advocate and solicitor (as, notwithstanding the agreement, he shall be entitled to do), any party to, or the representative of any party to, the agreement may apply to the court, and the court shall have the same jurisdiction as to enforcing the agreement so far as it has been performed, or setting it aside, as the court would have had if the advocate and solicitor had not died or become incapable of acting, or the client had not changed his advocate and solicitor.

Legal Profession

CAP. 132 38

(2)

The court, notwithstanding, that it is of the opinion that the agreement is in all respects fair and reasonable, may order the amount due in respect of business under the agreement to be ascertained by taxation, and in that case —

(a)

the taxing officer, in ascertaining that amount, shall have regard so far as may be to the terms of the agreement; and

(b)

payment of the amount found by him to be due may be enforced in the same manner as if the agreement had been completely performed.

(3)

If in such a case as is mentioned in subsection (1)(b) an order is made for the taxation of the amount due to the advocate and solicitor in respect of the business done under the agreement, the court shall direct the taxing officer to have regard to the circumstances under which the change of advocate and solicitor has taken place. The taxing officer, unless he is of the opinion that there has been no default, negligence, improper delay or other conduct on the part of the advocate and solicitor affording the client reasonable ground for changing his advocate and solicitor, shall not allow to the advocate and solicitor the full amount of the remuneration agreed to be paid to him.

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