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Solicitors (Northern Ireland) Order 1976
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Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 6(1A) inserted by 2011 c. 24 (N.I.) s. 88(2)
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- art. 51(11A) inserted by 2016 c. 14 (N.I.) s. 3(4)
- art.71H(3) revoked by 1996 c. 23 s. 107(2) Sch.4
- art. 75(1A) inserted by 2016 c. 14 (N.I.) s. 3(6)
- art. 75(2A)(2B) inserted by 2011 c. 24 (N.I.) s. 90(1)
[F1Contentious business agreements by certain representativesN.I.
67.—(1) Where the client who makes a contentious business agreement makes it as a representative of a person whose property will be chargeable with the whole or part of the amount payable under the agreement, the agreement shall be referred to the taxing officer before payment.
(2) The taxing officer to whom an agreement is referred under paragraph (1) shall examine it and may either allow it, or, if he is of the opinion that it is unfair or unreasonable, require the opinion of the court to be taken on it, and the court may allow the agreement or reduce the amount payable under it, or set it aside and order the costs covered by it to be taxed as if it had never been made.
(3) A client who makes a contentious business agreement as mentioned in paragraph (1) and pays the whole or any part of the amount payable under the agreement without it being allowed by the taxing officer or by the court shall be liable at any time to account to the person whose property is charged with the whole or any part of the amount so paid for the sum so charged, and the solicitor who accepts the payment may be ordered by the court to refund the amount received by him.
(4) A client makes a contentious business agreement as the representative of another person if he makes it—
(a)as his guardian,
(b)as a trustee for him under a deed or will,
(c)as controller for his property and affairs under Part VIII of the Mental Health (Northern Ireland) Order 1986, or
(d)as a person other than a controller authorised under that Part of that Order to act on his behalf.]
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