The Gazette 1909-10

The Gazette of the Incorporated Law Society of Ireland.

62

[DECEMBER, 1909

sued defendant 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 to recover damages

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,