- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Solicitors Act 1974. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Where before the expiration of one month from the delivery of a solicitor’s bill an application is made by the party chargeable with the bill, the High Court shall, without requiring any sum to be paid into court, order that the bill be [F2assessed] and that no action be commenced on the bill until the [F3assessment] is completed.
(2)Where no such application is made before the expiration of the period mentioned in subsection (1), then, on an application being made by the solicitor or, subject to subsections (3) and (4), by the party chargeable with the bill, the court may on such terms, if any, as it thinks fit (not being terms as to the costs of the [F4assessment]), order—
(a)that the bill be [F5assessed]; and
(b)that no action be commenced on the bill, and that any action already commenced be stayed, until the [F4assessment] is completed.
(3)Where an application under subsection (2) is made by the party chargeable with the bill—
(a)after the expiration of 12 months from the delivery of the bill, or
(b)after a judgment has been obtained for the recovery of the costs covered by the bill, or
(c)after the bill has been paid, but before the expiration of 12 months from the payment of the bill.
no order shall be made except in special circumstances and, if an order is made, it may contain such terms as regards the costs of the [F6assessment] as the court may think fit.
(4)The power to order [F6assessment] conferred by subsection (2) shall not be exercisable on an application made by the party chargeable with the bill after the expiration of 12 months from the payment of the bill.
(5)An order for the [F6assessment] of a bill made on an application under this section by the party chargeable with the bill shall, if he so requests, be an order for the [F6assessment] of the profit costs covered by the bill.
(6)Subject to subsection (5), the court may under this section order the [F7assessment] of all the costs, or of the profit costs, or of the costs other than profit costs and, where part of the costs is not to be [F8assessed], may allow an action to be commenced or to be continued for that part of the costs.
(7)Every order for the [F9assessment] of a bill shall require the [F10costs officer] to [F11assess] not only the bill but also the costs of the [F9assessment] and to certify what is due to or by the solicitor in respect of the bill and in respect of the costs of the taxation .
(b)the order [F13for assessment] or an order under subsection (10) otherwise provides,
the costs of [F15an assessment] shall be paid according to the event of [F14the assessment] , that is to say, if [F16the amount of the bill is reduced by one fifth], the solicitor shall pay the costs, but otherwise the party chargeable shall pay the costs.
(10)The [F17costs officer] may certify to the court any special circumstances relating to a bill or to the [F18assessment] of a bill, and the court may make such order as respects the costs of the [F18assessment] as it may think fit.
(11)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)In this section “profit costs” means costs other than counsel’s fees or costs paid or payable in the discharge of a liability incurred by the solicitor on behalf of the party chargeable, and the reference in subsection (9) to the fraction of the amount [F20of the reduction in the bill] shall be taken, where the [F21assessment] concerns only part of the costs covered by the bill, as a reference to that fraction of the amount of those costs which is being [F22assessed].
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: