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Chapter 42 - Appeals under statute - Part III - Fees in speculative causes

Fees of solicitors in speculative causes

42.17 .-(1) Where-

 

(a) any work is undertaken by a solicitor in the conduct of a cause for a client,
(b) the solicitor and client agree that the solicitor shall be entitled to a fee for the work only if the client is successful in the cause, and
(c) the agreement is that the fee of the solicitor for all work in connection with the cause is to be based on an account prepared as between party and party,

the solicitor and client may agree that the fees element in that account shall be increased by a figure not exceeding 100 per cent.

(2) The client of the solicitor shall be deemed to be successful in the cause where-

 

(a) the cause has been concluded by a decree which, on the merits, is to any extent in his favour;
(b) the client has accepted a sum of money in settlement of the cause; or
(c) the client has entered into a settlement of any other kind by which his claim in the cause has been resolved to any extent in his favour.

(3) In paragraph (1), "the fees element" means all the fees in the account of expenses of the solicitor-

 

(a) for which any other party in the cause other than the client of the solicitor has been found liable as taxed or agreed between party and party;
(b) before the deduction of any award of expenses against the client; and
(c) excluding the sums payable to the solicitor in respect of-

 

(i) any fees payable for copying documents and the proportion of any session fee in the Table of Fees and posts and incidental expenses under rule 42.11;
(ii) any additional fee allowed under rule 42.14 to cover the responsibility undertaken by the solicitor in the conduct of the cause; and
(iii) any charges by the solicitor for his outlays.