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SOLICITORS (NORTHERN IRELAND) ORDER 1976 - SECT 66



66.(1) Where the retainer of a solicitor is disputed, the solicitor or the
client or other person liable to pay the bill may apply to a judge of the High
Court to have such dispute determined and if the judge then finds that a
proper retainer exists he may order the bill to be taxed.

(2) Where the retainer of a solicitor is not disputed an order may be obtained
from the Taxing Master

(a)by the client or other person liable to pay the bill, for the delivery and
taxation of the solicitor's bill;

(b)by the client or other person liable to pay the bill, for the taxation of a
bill already delivered;

(c)by the solicitor, for the taxation of a bill already delivered, at any time
after the expiration of one month from its delivery, where no other order for
its taxation has previously been made.

(3) An application for an order under paragraph (2) shall not be made by a
client or other person liable to pay the bill

(a)save in exceptional circumstances

(i)after the expiration of three months from the date of the delivery of the
bill;

(ii)in any case where judgment has been obtained in an action for the recovery
of the amount of a bill of costs; or

<(iii)where the bill has been paid;


(b)in any event, after the expiration of six months from the date of the
delivery of the bill.

(4) Where an application by a client or other person liable to pay the bill is
expressed to relate to so much of the bill as does not include costs paid or
payable in respect of counsel's fees or in the discharge of a liability
incurred by the solicitor on behalf of the party chargeable, the provisions of
this Article shall have effect in relation to that bill as if there were
excluded therefrom such costs paid or payable as aforesaid.

(5) An order under this Article may be made upon such terms as to the costs of
the application therefor and of the taxation as the Taxing Master or, as the
case may be, a judge of the High Court, thinks fit.

(6) No bill previously taxed shall be again referred unless in exceptional
circumstances a judge of the High Court sees fit so to order.

(7) Where any person, not being chargeable as a principal party, is liable to
pay any bill either to the solicitor, his assignee or personal representative,
or to the principal party entitled thereto, the person so liable or his
assignee or personal representative may apply to the Taxing Master for
taxation in the same manner as the party chargeable therewith might himself
have done, and the same proceedings shall be had thereon as if the application
has been made by that party.

(8) Without prejudice to the provisions of paragraph (7), where a trustee or
personal representative has become liable to pay the bill of a solicitor in
respect of non-contentious business, the Taxing Master may, upon the
application of any person interested in any property out of which the trustee
or personal representative has paid, or has power to pay, the bill, and upon
such terms (if any) as he thinks fit, make an order for the taxation of the
bill; and in considering any such application, the Taxing Master shall have
regard to the provisions of paragraphs (2), (3), (4) and (5) so far as they
may apply to an application made under this paragraph and to the extent and
nature of the interest of the applicant.

(9) The Taxing Master on any application made pursuant to paragraphs (7) and
(8) may order the solicitor or his assignee or personal representative to
deliver to the party making the application a copy of the bill upon payment of
the costs of the copy.



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© 1976 Crown Copyright

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