Solicitors (Scotland) Act 1980

Miscellaneous

61 Protection of banks

(1) Subject to the provisions of this section, no bank shall, in connection with any transaction on any account of a solicitor kept with it or with any other bank—

(a) incur any liability, or

(b) be under any obligation to make any enquiry, or

(c) be deemed to have any knowledge of any right of any person to any money paid or credited to the account,

which it would not incur, or be under, or be deemed to have (as the case may be) in the case of an account kept by a person entitled absolutely to all money paid or credited to it; but nothing in this subsection shall relieve a bank from any liability or obligation under which it would be apart from this Act.

(2) In subsection (1) " account" does not include an account kept by a solicitor as trustee for a specified beneficiary.

(3) Notwithstanding anything in the preceding provisions of this section a bank at which a solicitor keeps a special account for clients' money shall not, in respect of any liability of the solicitor to the bank (not being a liability in connection with that account) have or obtain any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against money standing to the credit of that account.

62 Charge for expenses out of property recovered

(1) Where a solicitor has been employed by a client to pursue or defend any action or proceeding, the court before which the action or proceeding has been heard or is depending may declare the solicitor entitled, in respect of the taxed expenses of or in reference to the action or proceeding, to a charge upon, and a right to payment out of, any property (of whatsoever nature, tenure or kind it may be) which has been recovered or preserved on behalf of the client by the solicitor in the action or proceeding ; and the court may make such order for the taxation of, and for the raising and payment of, those expenses out of the said property as the court thinks just.

(2) Where a declaration has been made under subsection (1) any act done or deed granted by the client after the date of the declaration except an act or deed in favour of a bona fide purchaser or lender, shall be absolutely void as against the charge or right.