Part IVSolicitors
98 Agreements with solicitors for payment by hourly rates.
(1)
Section 57 of the M1Solicitors Act 1974 (non-contentious business agreements) shall be amended in accordance with subsections (2) to (4).
(2)
In subsection (2) (method of payment which may be agreed), after the words “gross sum" there shall be inserted “
or by reference to an hourly rate"
”
.
(3)
In subsection (4), for the words “Subject to subsection (5)" there shall be substituted “
Subject to subsections (5) and (7)"
”
.
(4)
“(6)
Subsection (7) applies where the agreement provides for the remuneration of the solicitor to be by reference to an hourly rate.
(7)
If, on the taxation of any costs, the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the taxing officer may enquire into—
(a)
the number of hours worked by the solicitor; and
(b)
whether the number of hours worked by him was excessive.”
(5)
In section 59(1) of the Act of 1974 (method of payment which may be agreed in contentious business agreement) after the words “gross sum" there shall be inserted “
or by reference to an hourly rate"
”
.
(6)
In section 60(1) of the Act of 1974 (which among other things provides for section 69 of that Act not to apply to contentious business agreements), after the word “or" there shall be inserted “
(except in the case of an agreement which provides for the solicitor to be remunerated by reference to an hourly rate)"
”
.
(7)
“(4A)
Subsection (4B) applies where a contentious business agreement provides for the remuneration of the solicitor to be by reference to an hourly rate.
(4B)
If on the taxation of any costs the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the taxing officer may enquire into—
(a)
the number of hours worked by the solicitor; and
(b)
whether the number of hours worked by him was excessive.”