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The Solicitors (Amendment)(Northern Ireland) Order 1989


This is the original version (as it was originally made).

Society acting as attorney of solicitor

24.  In Schedule 1 to the Solicitors Order (property in control or possession of certain solicitors and other persons)—

(a)in paragraph 8(2) for “paragraph 3 or paragraph 13” there shall be substituted “paragraph 22A”;

(b)in paragraph 13, sub-paragraphs (2) to (4) shall cease to have effect; and

(c)at the beginning of Part II of that Schedule there shall be inserted—

22A.(1) Without prejudice to paragraph 13(1)(b)(ii), the High Court may at any time, on the application of the Society, by order appoint the Society as the attorney of any solicitor named in a resolution passed by the Council under Article 36.

(2) Where the Society are appointed under paragraph 13(1)(b)(ii) or this paragraph to act as attorney of a solicitor—

(a)the Society shall have power, either in their nameor in the name of the solicitor, to do all or any ofthe acts and things mentioned in paragraph 23 and all such other acts and things in relation to the solicitor’s practice or property or assets as appear to the Society to be necessary for any of the purposes of this Order, as fully and effectively in all respects as if they were done by the solicitor present in person (irrespective of where he then may be); and

(b)the solicitor shall be precluded from doing any of the acts and things mentioned in head (a) which may be done by the Society as his attorney.

(3) The Society shall have a claim on the property of the solicitor for all costs (if any) incurred by the Society as his attorney.;

(d)in paragraph 23 for “paragraph 13(3)” there shall be substituted “paragraph 22A(2)”.

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