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62
The Gazette of the Incorporated Law Society of Ireland.
[DECEMBER, 1909
sued defendant
to
recover damages
in
consequence of being bitten by the defen
dant's dogs. The case was tried by a jury.
During his cross-examination the plaintiff
stated that he could not afford to pay the
costs of the action, and that he had verbally
arranged with his Solicitor not to pay any
costs. The jury found a verdict for £15 in
favour of plaintiff. Counsel for the defendant
contended that by reasons of the provisions
of Sections 4 and 5 of the Solicitors Act,
1870, the plaintiff was not entitled to any
costs of the action.
Section 4 of the Solicitors Act, 1870, is as
follows :—" An attorney or solicitor may
make an agreement in writing with his client
respecting the amount and manner of pay
ment for the whole or any part of any past
or future services, fees, charges, or disburse
ments in respect of business done or to be
done by such attorney or solicitor
.
.
either by a gross sum, or by commission, or
percentage, or by salary or otherwise, and
either at the same or at a greater or at a less
rate as or than the rate at which he would
otherwise be entitled to be remunerated .
. ."
Section 5 :—" Such an agreement shall not
affect the amount of, or any rights or remedies
for the recovery of, any costs recoverable
from the client by any other person, or pay
able to the client by any other person, and
any such other person may require any costs
payable or recoverable by him to or from the
client to be taxed according to the rules for
the time being in force for the taxation of
such costs, unless such person has otherwise
agreed :
Provided always that the client who
has "entered into such agreement shall not
be entitled to recover from any other person
under any order for the payment of any
costs which are the subject of such agreement
more than the amount payable by the client
to his own attorney or solicitor under the
same."
The County Court Judge was of opinion
that the agreement between the Solicitor and
the plaintiff did not require to be in writing
for the proviso to Section 5 to apply, and he
;
held
therefore that the plaintiff was not
entitled
to
recover any costs
from
the
i
defendant.
i
The plaintiff appealed.
The Court dismissed the appeal, holding
that as under the agreement the plaintiff
was not liable to pay any costs
to his
Solicitor, he was not entitled to recover any
from the defendant.
Leave to appeal was given, upon the sum
of £25 being brought into Court within ten
days.
Reported
The Law Journal,
vol. xliv, 665 ;
Times Law Reports,
vol. xxvi., p. 43.
CHANCERY DIVISION (ENGLAND).
(Before Joyce, J.)
In re Massey and others, Solicitors.
Nov. 2, 1909.—
Solicitor—Bill of Costs—Taxa
tion within twelve months after payment—
Special circumstances—Solicitors
(Eng
land) Act,
1843 (6
and 1 Vie., c.
73),
s.
41—
Attornies and Solicitors
(Ireland)
Act,
1849 (12
and
13
Vie., c.
53), s. 6.
ON October 12, 1907, bills of costs were
delivered by Solicitors to their clients. The
bills contained certain items of disbursements
which had not in fact been paid at that time,
but which were paid on October 28, 1907,
and June 1, 1908, respectively. The bills
were paid by the clients on May 21 and June
23, 1908. On December 16, 1908, after the
decision in
Sadd
v.
Griffin
(24
The Times,
L.R., 715 ;
[1908J 2 K.B., 510), an applica
tion was made by the clients for the taxation
of those bills of costs.
Held,
that no " special circumstances"
had been shown for referring the bills of costs
for taxation, and that the application must,
therefore, be dismissed.
The application was for the taxation of
certain bills of costs which had been delivered
by the Solicitors to their clients, the Sirdar
Rubber Company, Limited, and paid by the
Company. The business in respect of which
the costs were incurred consisted mainly of
litigation relating to certain patents, which
went through all the Courts up to the House
of Lords. The costs were heavy, the total
amount of the bills being £2,743 9s.
There
were 13 bills in all.
Six of them had been
paid more than twelve months before this
application, one had not yet been paid, the
remaining 6 had been paid within twelve
months ;
and it was as to these that the
question of
the right to taxation arose.
Section 41 of the Solicitors (England) Act,