Legal Profession Act · 2022 Revised Edition · Part 7
54. Action to recover advocate and solicitor’s costs
Official textFrom Attorney General's Chambers, unchanged
Subject to the provisions of this Act, no action shall be brought to recover any costs due to an advocate and solicitor before the expiration of one month from the date on which a bill of those costs is delivered in accordance with the requirements mentioned in subsection (2); but if there is probable cause for believing that the party chargeable with the costs —
is about to quit Brunei Darussalam, to become bankrupt or to compound with his creditors, or
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is about to do any other act which would tend to prevent or delay the advocate and solicitor obtaining payment, the High Court may, notwithstanding that one month has not expired from the delivery of the bill, order that the advocate and solicitor be at liberty to commence an action to recover his costs and may order that those costs be taxed.
The requirements referred to in subsection (1) are that the bill shall —
be signed by the advocate and solicitor or, if the costs are due to a firm, by one of the partners of that firm, either in his own name or in the name of the firm, or be enclosed in, or accompanied by, a letter which is so signed and refers to the bill; and
be delivered to the party to be charged with the bill, either personally or by being sent to him by post to, or left for him at, his place of business, dwelling-house, or last known place of abode, and, where a bill is proved to have been delivered in compliance with those requirements, it shall not be necessary in the first instance for the advocate and solicitor to prove the contents of the bill and it shall be presumed until the contrary is shown, to be a bill bona fide complying with this Act.
Where a bill of costs relates wholly or partly to contentious business done in the Court of a Magistrate and the amount of the bill does not exceed $500 the powers and duties of the court under this section and sections 55 and 56 in relation to that bill may be exercised and performed by any Court of a Magistrate in which any of the business was done.
contentious business
“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;
Terms defined in s 2
advocate and solicitor
Defined · s 2“advocate and solicitor” means an advocate and solicitor of the Supreme Court;
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;