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ATTORNEYS' AND SOLICITORS' ACT 1870 - SECT 10

Agreements may be re-opened after payment in special cases.

10. When the amount agreed for under any such agreement has been paid by or on
behalf of the client, or by any person chargeable with or entitled to pay the
same, any court or judge having jurisdiction to examine and enforce such an
agreement may, upon application by the person who has paid such amount, within
twelve months after the payment thereof, if it appears to such court or judge
that the special circumstances of the case require the agreement to be
re-opened, re-open the same, and order the costs, fees, charges, and
disbursements to be taxed, and the whole or any portion of the amount received
by the ... solicitor to be repaid by him on such terms and conditions as to
the court or judge may seem just.

Where any such agreement is made by the client in the capacity of guardian, or
of trustee under a deed or will, or of committee of any person or persons
whose estate or property will be chargeable with the amount payable under such
agreement, or with any part of such amount, the agreement shall before payment
be laid before the taxing officer of a court having jurisdiction to enforce
the agreement, and such officer shall examine the same, and may disallow any
part thereof, or may require the direction of the court or a judge to be taken
thereon by motion or petition; and if in any such case the client pay the
whole or any part of the amount payable under the agreement, without the
previous allowance of such officer or court or judge as aforesaid, he shall be
liable at any time to account to the person whose estate or property is
charged with the amount paid, or with any part thereof for the amount so
charged; and if in any such case the ... solicitor accept payment without such
allowance, any court which would have had jurisdiction to enforce the
agreement may, if it think fit, order him to refund the amount so received by
him under the agreement.

© 1870 Crown Copyright

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