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In force2022 Revised Edition
Contents

Part 7

58. Charging orders

(1)

Subject to subsection (2), any court in which an advocate and solicitor has been employed to prosecute or defend any suit, matter or proceeding may at any time —

(a)

declare the advocate and solicitor entitled to a charge on any property recovered or preserved through his instrumentality for his taxed costs in relation to that suit, matter or proceedings; and

(b)

make such orders for the taxation of those costs and for raising money to pay or for paying them out of the property recovered or preserved as the court thinks fit, and all conveyances and acts done to defeat, or operating to defeat, that charge shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the advocate and solicitor.

(2)

No order shall be made under subsection (1) if the right to recover the costs is barred by any written law relating to limitations.

Special provisions as to contentious business done in Courts of

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